Luhansk Antimonopoly Officers Fined the Pepsi “Manufacturer”
Luhansk Territorial Department of the AMCU fined the LLC “Vager” 68 thousand UAH for the illegal usage of the mark for the goods and services “Pepsi”.
Thus, the application of the LLC “Sandora”, regarding the illegal actions of the LLC “Vager” in the form of the illegal usage of the mark for goods and services “Pepsi” and the designing of the goods packing (labels) without the LLC “Sandora” permission, which had started to use it in its business activities since 2007 basing the agreement with the company PEPSICO, INK (USA), which is the owner of this trade mark, has arrived to the address of the Committee’s body.
In order to find out all the circumstances the antimonopoly officers sent the LLC “Vagner” the requirement to provide the necessary information, but the company didn’t reply to the agency.
Then the territorial department of the AMCU, having done the comparative analysis of the “Pepsico” drinks’ labels of the LLC “Vager” production and “Pepsi” of the LLC “Sandora”, found out the similarity of these goods in particular, both labels have the circles with three waves of red, white and blue colors, the “Pepsi” sign is of the same font and color. Also, in addition to the labels similarity, both drinks are of dark brown color, sweet taste, have the same “Pepsi” drink flavor and belong to carbonated drinks.
Thus, all these facts gave the opportunity to the territorial department of the AMCU to say that the LLC “Vager”, selling such drink could get a super profit by means of the income deficiency by the LLC “Sandora”, which have already obtained some business reputation. That means that the average consumer, buying the products of the LLC “Vager”, and thinking that these products are manufactured by the LLC “Sandora”, can be misleading, and the LLC “Vager” can get the profit not for its personal achievements, but by the means of the unfair competition at the market.
Such actions from the side of the LLC “Vager” were regarded by the Luhansk territorial department of the AMCU as the legislation violation, provided by the Article 4 of the Law of Ukraine “On the Protection from the Unfair Competition” in the form of the illegal usage of the marks, for what the violator was charged the appropriate fine.