The Commission of the Russian Federal Anti-Monopoly Service recognized that the introduction of EXXE men's deodorants and shower gels into civil circulation in packaging whose design is confusingly similar to the design of packaging of similar hygiene products of AXE brand is a violation of antimonopoly legislation.
Arvitex launched a new product - a men's line of EXXE deodorants and shower gels, the design of which was very different from the design of any other products of this company. A black bottle, a white EXXE logo on a black background, bright elements made in a graffiti style - the updated design strongly resembled the design of AXE packaging. Arvitex also filed for registration of the new labels as trademarks.
Having discovered EXXE products in a new design on store shelves next to AXE deodorants and gels, the owner of the Unilever Rus brand contacted PATENTUS.
PATENTUS filed protests against Arvitex's applications with the Federal Service for Intellectual Property (Rospatent), and filed an application to the Federal Anti-Monopoly Service to recognize the competitor's actions as an unfair competition. Our team of experts also presented the results of a social survey to the Commission of the Russian Federal Anti-Monopoly Service: consumers perceived the new EXXE design as a continuation of the AXE product line. Another proof is the reviews of buyers posted on the Internet, who bought EXXE deodorant, confusing it with AXE. Then Rospatent rejected Arvitex's applications, recognizing the labels as confusingly similar to the design of AXE products.
As a result of lengthy proceedings in case No. 08/01/14.6-97/2023, the Commission recognized the new EXXE design as an imitation of the AXE packaging and ordered to Arvitex to eliminate the violation.
Photo: Russian Federal Anti-Monopoly Service
