OREANDA-NEWS. April 22, 2009. The "Managing Company of the Bank of Moscow" ("UK Bank of Moscow") CJSC unlawfully used Olympic symbols, concluded on 7th April 2009 the Commission of the Federal Antimonopoly Service (FAS Russia) investigating the antimonopoly case. The FAS Russia's Commission included at parity basis representatives of the Federal Financial Markets Service (FSFR Russia), reported the press-centre of FAS Russia.

Investigating the case, the FAS Russia's Commission established that "UK Bank of Moscow" CJSC was the trustee of the "Olympiisky Prospekt" open unit investment fund. The Rules of trust management of the fund were registered with FSFR Russia on 25th September 2007 (Certificate No.0998-94132311); at the time of registration the Fund was named open unit investment fund "Olympiisky Prospekt - Sochi 2014". According to the antimonopoly authority, "UK Bank of Moscow" CJSC used the expression "Sochi 2014" in the name of the Fund from 25th September 2007 to 22nd May 2008.

At the same time, the rights for the "Sochi 2014" trade mark belong to the "Sochi 2014" Steering Committee" Autonomous Non-Profit Organization, which is confirmed by No.353760 Trade Mark Certificate registered in the State Register of Trade Marks and Service Marks on 26th June 2008. Priority of the trademark was ascertained on 17th September 2007.

The concept of the Olympic and Para-Olympic symbols and the list of them are given in Article 7 of the Federal Law "On XXII Winter Olympic Games and XI Winter Para-Olympic Games 2014 in Sochi, Developing Sochi as an Alpine Resort and Introducing Amendments to Some Legislative Acts of the Russian Federation". According to the Law, Olympic symbols mean the names "Olympiisky [Olympic]", "Oimpiada [the Olympic Games]", "Sochi 2014" and based on them words and expressions.

Clause 4 Part1 Article 14 of the Federal Law "On Protection of Competition" prohibits unfair competition related to unlawful use of the results of intellectual work and equal to them means of differentiation of a legal entity and the means of differentiation of the goods, works and services in selling, exchanging or other commercialization of the goods.

Under Clauses 13 and 14 Part 1 Article 1225 Chapter IV of the Civil Code of the Russian Federation, фирменные наименования and trade marks constituted the results of intellectual work and equal to them means of differentiation of legal entities, and the goods, works, services and companies, that are legally protected (intellectual property).

Having investigated the case, FAS Russia recognized the fact of violating Clause 4 Part 1 Article 14 of the Law " On Protection of Competition": unlawful used of the expression "Sochi 2014" in the name of the Fond.

As the company voluntarily eliminated the violation by removing the expression "Sochi 2014" from the name of the Fund, the FAS Russia's Commission terminated proceedings on the antimonopoly case.

At the same time, upon the fact of the violation, FAS Russia initiated administrative proceedings against "UK Bank of Moscow" CJSC to determine appropriate administrative punishment. The Code on Administrative Violations provides for a fine in the amount from one hundredth to fifteen hundredth of the proceeds gained by the violator form selling goods (works, services) on the market where the violation was committed, but no less than 100,000 Rubles.

Reference:
Under Part 2 Article 7 of the Federal Law "On XXII Winter Olympic Games and XI Winter Para-Olympic Games 2014 in Sochi, Developing Sochi as an Alpine Resort and Introducing Amendments to Some Legislative Acts of the Russian Federation", the use of Olympic symbols and (or) Para-Olympic symbols, in particular, in the names of legal entities and individual entrepreneurs, and the goods, works and services manufactured, carried out or provided by them (in company names, commercial names, trade marks, service marks, names of the goods origin, наименованиях мест происхождения товаров) or otherwise, if such use creates an impression that those entities принадлежности to the Olympic Games and Para-Olympic Games, is allowed only under condition of entering into a contract with the international Olympic Committee and (or) international Para-Olympic Committee or the organizations authorized by the Committees.

Under Part 3 Article 7 of the Law, using Olympic and (or) Para-Olympic symbols in violation of Part 2 Article 7 is illegal.