FAS decision protects Cavendish & Harvey trade dress

The Federal Antimonopoly Service of Russia (FAS) took a decision against illegal imitation of Cavendish & Harvey’s lollipops trade dress.

Cavendish & Harvey Confectionery GmbH (Germany) requested the Federal Antimonopoly Service (FAS) of Russia to terminate a competitor’s actions expressed in the introduction into civil circulation in the territory of the Russian Federation of J'Ardel lollipops in a packaging imitating Cavendish & Harvey’s lollipops trade dress. Initially, the antimonopoly authority refused to initiate an antimonopoly law violation case.

Sojuzpatent lawyers appealed to the Moscow Arbitration Court and the court overturned the corresponding decision of the FAS of Russia.

When re-examining Cavendish & Harvey Confectionery’s application in its hearing, the FAS of Russia ruled to recognize the competitor’s actions as an act of unfair competition and issued an order to terminate actions that violate Part 2 of Art. 14.6 of the Federal Law "On Protection of Competition".