The relevant design patent protects a picture of a label for a birch-bark beverage (birch-bark products are traditional Russian souvenirs). The answers to the above questions, and an easy-to-understand guide to unfair competition law, are below. 0 whether the information content is distorted; and.
Free speech is a top priority in the U.S., but publicly lying about a business, with the intent of causing harm, is libelous and against the law. What if some players cheat? What if an adversary buys domain names that include your company’s name, is that legal? Official fee: At the same time, the court of appeal has also emphasized that there are no clear criteria for what, in the opinion of the claimant and the court of first instance, is copying or imitation of the claimant’s products, which makes the claims lodged against the defendants uncertain and, finally, results in impracticability to enforce the court decision. Please leave a detailed message with your email and a good phone number to reach you. What if their methods are not fair? However, the courts have rejected these arguments, having stated that: In another case (Resolution of the Intellectual Property Rights Court No. In Resolution 58 (8 November 2012) the Supreme Commercial Court resolved the concurrence between competing provisions: The FAS frequently considers cases of unfair competition and unfair advertising in Russia.
Misappropriation cases arise when someone or a company either steals, copies, sells or discloses the information that provides the competitive edge that is a trade secret. 0 Intellectual property torts – copyright, trademark and trade dress – are arguably the most litigated unfair competition cases in the United States. A19-31735/2018), the Federal Anti-Monopoly Service has concluded on confusion of the complainant’s and defendant’s products (chewing tar) and also taken into account the statement from the Federal State Budget-funded Institution Federal Institute of Industrial Property (FIPS). USD, Service fee: defamation – disseminating false, inaccurate or distorted information that could result in losses to a competitor and/or damage its business reputation (the Competition Law sets out various examples); misrepresentation – misleading consumers regarding quality, quantity, manufacturing, price and other characteristics; using comparative expressions (eg, ‘best’, ‘first’, ‘number 1’, ‘very’ and ‘only’), which suggest advantages without any indication of a specific comparative criteria that could be objectively tested, or express false, imprecise or distorted information; relying on comparisons, which lack any indication of specific comparative criteria, or comparison results, which cannot be objectively tested; and. Monopolies stifle competition and are against the law. In the absence of the same you are USD, Service fee:
Examples of unfair competition and unfair advertising cases. But as is the case with every silver lining, there can be a touch of gray. A dry bird food manufacturer has filed a claim with the court, stating that its competitor imitates the appearance of the dry bird food packages. These types of cases fall under the banner of “unfair competition law.”. Based on the results of the research, it has been concluded in the said statement that the packages in dispute are confusingly similar, since they are associated with each other as a whole due to the fact that they have similar figurative elements (rectangles, frames, images, branches with cones), word elements and informational inscriptions as well as due to the similarity between the composition solution and the colour combination of designations (word elements made in large white letters are located on a green background in the central part of the rectangles at the left of realistic images). In the simplest terms, unfair competition laws are used when one party inappropriately manipulates a market advantage over another party – usually a business competitor. Identity as a whole (corporate clothes, appearance of sales area, showcase (collectively)). However, there have been no express provisions in this part of the legislation for protection of the so-called style / image of products as such for a quite some time.
AK/44651/17 dated June 30, 2017, such distinction is necessary because the products may be individualized both with certain designations not registered as trade marks and overall appearance, package design elements and any other means. While the Advertising Law is not generally applied to them, the information that they contain should be analysed taking into account the requirements of the Competition Law. Or any other elements individualizing the competing business entity and (or) its goods. During consideration of the case by the court of first instance, the stated claims have been satisfied, but the court of appeal has dismissed the claim.
The court of appeal has adhered to the position that similar images of birds on the defendants’ goods are placed due to the intended purpose of the products, it is reasoned and traditional, typical for this and other types of goods and it is not a feature inherent only in the packages of the claimant’s bird food. He focuses on providing legal support on IP and general commercial matters, including unfair competition; domain disputes, licensing and assignments; franchising and other IP transactions; advertising and marketing regulations; IP issues in M&A transactions; IP due diligence; personal data protection and industry-related regulatory affairs, including advising life sciences companies.
The case gives a good example of how companies (and their competitors) should be aware of how their brands appear in social media. S01-933/2019 dated October 03, 2019 on case No. Case Р-7/2019, handled by the FAS Kurgan division (15 February 2019), involved enforcement of the Industrial Design Patent RU 108381 (see Figure 1).
Trade defamation is typically a civil matter, although in serious cases, it can become a criminal matter.
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illegal uses of trade marks and other means of individualization, copyright or patent right items.
The Federal Law on Advertising (38-FZ, 13 March 2006) regulates advertising in Russia and is enforced by the Federal Antitrust Authority (FAS).
Another notable case involved the enforcement of Russian Trademark 289957 (Empire of Pizza) covering pizza and services for production and delivery. The court has rejected the defendant’s arguments, having stated that the defendant’s arguments cannot be taken into consideration, since the FIPS’s statement as such may serve as evidence in the case, while the requirements of the procedural law on expert opinion and the formal requirements that it is necessary to indicate in such statement the information about the qualification of the FIPS’s employee who has signed the statement do not apply to this statement. Irrespective of the forums chosen, Russian law provides an effective legislative framework through which to fight unfair advertising, even to the point of unfair competition. indicated in the feedback form. Act against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG)¹ . What constitutes “unfair competition”? Clearly, in practice, a protection mechanism might be used by referring to the provisions on unfair competition, subject to its general definition in Federal Law No. IA/74666/15 dated December 24, 2015 On Application of the Fourth Anti-Monopoly Package, the Federal Anti-Monopoly Service of Russia has specified that: At the same time, the regulator has underlined that copying (imitation) of the appearance of the item or its parts cannot be recognized as unlawful if such copying is caused by their functional use only. However, there are differences in the enforcement procedures of both laws. With the competition escalated, the actions of infringers may often evolve. Well, that’s why we have the FTC. The Advertising Law expressly provides for various exemptions under which the information is not treated as advertising. Ilya Goryachev graduated from Moscow State Linguistic University in 2012 as an international lawyer. https://t.co/WtuFzs8id9 Read more, @WTRmagazine Korean IP Office counterfeit crackdown; Trump fakes memo; Trinidad and Tobago joins Madrid System – news digest.… https://t.co/onY23s1VQ6 Read more, © Copyright 2003-2020 Law Business Research. Below-cost selling. If false, imprecise or distorted information that may result in damage to a competitor (or its business reputation), or incorrect comparison or other information under the unfair competition list is contained in the messages treated as advertising, administrative liability falls under Article 14.3 (breach of the advertising legislation), not Article 14.33 (unfair competition). Federal Law No. Every state has a set of intellectual property laws. The court stressed that the use, as a criterion for displaying a contextual advertisement, of keywords and phrases that are identical or similar to the point of confusion with another means of individualisation owned by another party, taking into account the purpose of such use, can be recognised as an act of unfair competition. In recent years, the practice of consideration by the Federal Anti-Monopoly Service of Russia of the cases involving unfair competition in case of imitating / copying goods has developed more widely. The Intellectual Property Rights Court has supported the position of the court of appeal, having noted that: This case clearly shows that, when deciding to initiate a case with regard to the alleged imitation of goods, the claimant (complainant) should carefully prepare the reasons supporting the original nature of the elements used by it for the appearance of its goods. It should be noted that the legislation makes it possible to initiate a case on unfair competition not only by turning to the Federal Anti-Monopoly Service, but also directly to a court under the procedure for adversary proceedings. Additionally, the Lanham Act covers infringement-related actions on the federal level. And no (or small) advertising and marketing costs. When appealing against the decision of the Federal Anti-Monopoly Service, the defendant has drawn the courts’ attention to the argument that there have been no competitive relations between it and the complainant, referring to the disproportion of market shares, sales, and revenues of the defendant and the complainant. In particular, the Law on Protection of Competition has been supplemented with Article 14.6 that has set forth a prohibition on unfair competition in the form of confusion. Mr Goryachev is an author of several articles on IP and commercial law matters. It is necessary to clearly reason that there are competitive relations between the complainant and the alleged infringer, including outline the facts of commercialization of goods in the same market; Thoroughly study the history of how the competitor’s products have appeared in the market and convincingly present the chronology of how its own products in the protected appearance have appeared in the market; Produce documented evidence related to the development of the design (appearance) of your products and their launch on the market (contracts with designers, advertising agencies, information about sales, product demand); Collect convincing evidence confirming actual copying / imitation; Special emphasis should be laid on a clear description of the appearance / design elements (design techniques, etc.) Sincerely yours,
Intellectual property torts – copyright, trademark and trade dress – are arguably the most litigated unfair competition cases in the United States. IP Renewals & Recordals Department, Combating Unfair Competition in Case of Copying and Imitating Goods, On-line monitoring and enforcement services.
We are a law firm that caters to startups and online businesses, and as such, we’ve handled hundreds of unfair competition law matters.
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