HARBELER

Federal Antimonopoly Service prohibited Russian sweets to be similar with FERRERO ROCHER

The Russian company “KONTI – RUS”, that produces "ESFERO Crema" sweets, has been caught trying to imitate the well-known sweets as "FERRERO ROCHER" in illegal way. 

“KONTI – RUS” JSC sales "ESFERO Crema" sweets, produced by “KONTI” Production association” JSC. However, the package of these sweets is confusingly similar with the three – dimensional trademarks and design trademark which are held by the Company Ferrero S.P.A. Packages of the sweets are completely associated taking into account similarity of its exterior form, type and kind of the design, reported by the press service of Federal Antimonopoly Service of Russia.

Federal Antimonopoly Service of Russia considered actions of “KONTI – RUS” JSC concerned sale of "ESFERO Crema” sweets as contrary to the point 4 of the part 1 of the article 14 under the “Anti – competition law”. The case in respect of “KONTI – RUS” JSC was dismissed because of voluntary elimination of law violation.

Due to the point 4 of the part 1 of the article 14 under the “Anti – competition law”  unfair competition that is connected with sale, exchange or another kind of introduction of goods  is not allowed, taking into account that intellectual property as well as means of goods, work and service individualizing were used illegally.

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