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AstapovLawyers protects the interests of TM Maysky Chai in the AMCU in an unfair competition case

December 2011

AstapovLawyers International Law Group has successfully represented the interests of May Company, Russia’s biggest tea manufacturer, before the Antimonopoly Committee of Ukraine.

As the AMCU established, the packaging design of the tea manufactured by Dobrynia-Dar LLC and branded under the same name incorporated the main graphic and layout elements of the Maysky Chai Tsarskaya Korona and Maysky Tsarskaya Korona manufactured by May Company OJSC (Fryazino, Moscow region, Russian Federation) and its Ukrainian subsidiary, May Company LLC (Kyiv). The thing in question, in particular, is the 3D image of a tsar’s crown and the dark red colour of the main background.

AstapovLawyers advised on the strategy of trademark protection and the prevention of further copyright infringements and unfair competition. Besides, AstapovLawyers drafted and filed an application for the above packaging layout and graphic elements to be recognised as a well-known trademark. AstapovLawyers also provided comprehensive support of the antimonopoly investigation, collected evidence, performed questioning, expert assessments etc.

Oleh Malskyy, Partner at AstapovLawyers International Law Group, the head of the competition law practice, commented: “Our company has experience in successfully protecting the interests of our clients in the AMCU in unfair competition cases. For example, last year we protected the right of our client, Ukrainian Vodka Company Nemiroff, in a dispute about its product being mixed by the consumer with a product of a similar design manufactured by the Liubotynsky vodka plant.

As a result of the hearing, the AMCU compelled Dobrynia-Dar LLC (Sevastopol) to stop packing tea under the Tsarsky Chai trademark in packaging that imitates the design of the products of the Maysky Chai trademark. The committee also required that the mala fide tea manufacturer perform the stock count of the disputed tea packaging, dispose of it and submit appropriate confirmation documents.
AstapovLawyers protects the interests of TM Maysky Chai in the AMCU in an unfair competition case


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