The Commission of the Federal Antimonopoly Service (FAS of Russia) declared the actions of LLC “Star Glass Lighting”, resulting in the acquisition and use of exclusive rights to a trademark, to be unfair competition.

The trademark under certificate № 299467 was registered for goods of 11th class of the International Classification of Goods and Services, including electric light bulbs, in the name of LLC “Star Glass Lighting” on 13.12.2005, and depicts the Greek letter “sigma.”

However, the indicated designation was first developed and went on the market as a means of individualizing electric light bulbs manufactured by another economic formation – OJSC “Brest Electric Light Plant”. The designation “sigma” was registered on 30.04.1980 as a trademark (certificate № 66342) for incandescent electric light bulbs produced by the company “Brest Electric Light Plant”. From the moment of its registration, the trademark was used on goods sold on the territory of the USSR and, subsequently, the Russian Federation. The period of legal protection for trademark № 66342 expired on 26.06.1999, but the production of OJSC “Brest Electric Light Plant”, marked with the “sigma” designation, remains on the Russian market.

After registration of the trademark under certificate № 299467 on 13.12.2005, LLC “Star Glass Lighting” began to undertake actions aimed at preventing the import into the Russian Federation and subsequent realization of the production of OJSC “Brest Electric Light Plant” by other commercial entities. Inter alia, acting on the initiative of LLC “Star Glass Lighting”, the Central Operative Customs Unit of the Federal Customs Service of Russia initiated administrative proceedings against LLC “Avtoelektro DIAL”, that imported and sold incandescent light bulbs produced by OJSC “Brest Electric Light Plant” on the Russian market, and confiscated the indicated goods.

The Head of the Intellectual Property Department of the Law firm “YUST”, D.I. Seryogin represented the interests of OJSC “Brest Electric Light Plant” at the hearing of the Commission of the FAS of Russia, where he pointed out that OJSC “Brest Electric Light Plant” had granted no permission or assignment to LLC “Star Glass Lighting” regarding neither the registration of the trademark, nor prohibition of its use on production brought into the Russian Federation. In written clarifications submitted to the Commission of the FAS of Russia, D.I. Seryogin indicated that the actions of LLC “Star Glass Lighting” show all signs of unfair competition and, moreover, constitute misuse of the right aimed at limiting competition.

Having considered the case of violation of antimonopoly legislation in substance, the Commission of the FAS of Russia accepted the arguments brought by the representatives of the Law firm “YUST”, and found that the actions of LLC “Star Glass Lighting” constituted unfair competition. The decision of the Commission of the FAS of Russia serves as grounds for the termination of the legal protection of trademark № 299467.

This matter is of interest from the point of view of the interaction between the rules of legislation on trademarks and antimonopoly legislation, and also the practice of combating dishonest acquisition of other entities’ means of individualization.