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The lawyers of PATENTUS LLC defended the interests of the company Vermont Flowers EPZ Limited in the Federal Antimonopoly Service of Russia

Date: 04 March 2014

On March 4, 2014 the Board of the Federal Antimonopoly Service (FAS of Russia) found that the actions of OOO źTorgovy Dom Vermont╗ connected with the purchase and use of exclusive rights to the word and device trademark under Certificate No. 407110 owned by Vermont Flowers EPZ Limited were unfair competition. Such actions are contrary to the requirements of Part 2 in Article 14 of the Federal Law źOn Protection of Competition╗.

The FAS of Russia commenced a suit against OOO źTorgovy Dom Vermont╗ on the grounds of violation of the antimonopoly legislation at the request of the lawyers of PATENTUS LLC on behalf and by order of the well-known supplier of preserved (stabilized) flowers ľ the company Vermont Flowers EPZ Limited. OOO źTorgovy Dom Vermont╗ is its ex-distributor.

"Upon gaining the exclusive rights to trademark No. 407110 OOO źTorgovy Dom Vermont╗ tried to oppose Vermont Flowers EPZ Limited in supplying preserved (stabilized) flowers into the territory of the Russian Federation via other distributors , " ľ said Mr. Nikolay Kartashov, the head of Advertising Control and Unfair Competition Department at the FAS of Russia.

Within the case the lawyers of PATENTUS LLC managed to prove the succession of companies belonging to the Group Vermont as well as the use of the word and device trademark since 1982.

Note:

1. According to Part 2 of Article 14 in the Federal Law of 26.07.2006 No. 135 -FZ źOn Protection of Competition╗, unfair competition is prohibited with regard to the purchase and use of the exclusive right to the means of individualization of a legal person, means of individualization of products, works or services.

2. In virtue of Paragraph 6 of Part 2 of Article 1512 in the Civil Code of the Russian Federation, the provision of legal protection to a trademark can be challenged and invalidated fully or partially within the whole duration of legal protection, if the ownerĺs actions connected with the state registration of the trademark are duly recognized as an abuse of rights or unfair competition.




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