«Rafaello» won in Antimonopoly Committee of Ukraine


On December 8, 2005 the Antimonopoly Committee of Ukraine made a decision about recognition of actions of state enterprise «Sevastopol vine-making factory» (Crimea) and «Sale house «Market-Group» (Dnepropetrovsk) on the use of trademark «Raffaello» in design of labels of sparkling wine as unfair competition.

As was said by Ms. Julia Semeniy, attorney and senior lawyer at Êonnov & Sozanovsky, who represented interests of «SOREMARTEK» company, owner of trademark «Raffaello», the application to recognize actions of the indicated enterprises as unfair competition was handed in May of this year.

In the process of investigation the Antimonopoly Committee determined that from December, 2004 the Sevastopol vine-making factory began to make sparkling wines under the trademark of «Raffaellî». At the same time common colour, composition and graphic registration of packing, place and order of location of denotation of «Raffaellî», printing fonts are identical or practically coincide with the proper elements of design of packing of confectionaries under the name of «Raffaello». It was also determined by the Antimonopoly committee, that retail enterprises unite candies «Raffaello» and wine «Raffael» into festive sets, and as a result there comes groundless distribution of business reputation of producers of candies «Raffaello» onto an alcoholic drink «Raffael».

«Rights for trademark «Raffaellî» are protected in Ukraine, and the company «SÎRÅÌÀRÒÅÊ» didn't grant permission to use the trademark and original elements of design of its products to anybody. We began a process with sending an alert letter to the factory which was not responded properly. Unfortunately, today many producers do not consider it dishonourable to use world brands on their products. This case showed, that we have legal mechanisms operating to protect such actions», pointed Ms. Semeniy.

By its decision the Antimonopoly Committee prohibited production and distribution of wine using original elements of design of confectionaries «Raffaello» on labels and packings, and imposed a fine on state enterprise «Sevastopol vine-making factory» in the amount of 10 thousand Hrn and on «Sale house «Market-Group» - 20 thousand UAH.