On 12th February 2008, the Moscow Arbitration Court dismissed the claim of «Infokos» Ltd. to revoke the decision of the Federal Antimonopoly Service (FAS Russia) that the company had violated Part 2 Article 14 of the Federal Law «On Protection of Competition».
On 10th September 2007, FAS Russia recognized that «Infokos» Ltd. violated Part 2 Article 14 of the Federal Law «On Protection of Competition».
»Infokos+» Ltd. was formed in 1997. The company is involved in providing cablecasting communication services. To individualize its services,»Infokos+» Ltd. uses the «Infokos» verbal mark.
«Infokos» Ltd. was registered in May 2003, its main economic activity is providing cablecasting communication services on the cable television market in Moscow.
On 20th February 2007, «Infokos» Ltd. registered the «Infokos» trade mark under 35, 38, and 41 categories of the International Classification of Goods and Services (¹ 321384 Trade Mark Certificate ) to use in its economic activities (Providing communication services).
In May 2007 «Infokos» Ltd. filed a suit to the Moscow Arbitration Court against the Applicant, requesting to stop using the «Infokos» trade mark under ¹ 321384 Certificate; to ban »Infokos+» Ltd. from using the protectable feature of the registered «Infokos» trade mark in business and advertising activities, in the company name, Company Statue, Articles of Association, enabling and licensing documents for providing communication services for broadcasting purposes, as well as advertising materials; to oblige »Infokos+» Ltd. withdraw the documentation with the illegally used «Infokos» label from commercial activity; and to ban «Infokos» Ltd. from using the «Infokos» trade mark in domain names www.msk.tvoe.tv
At the same time, »Infokos+» Ltd. was able to prove that it had been using the «Infokos» label in its buisness activities since 1997, which was considerably earlier than «Infokos» Ltd. Thanks to the efforts of »Infokos+» Ltd. the label in question has become known to a wide circle of subscribers (customers).
Part 2 Article 14 of the Federal Law «On Protection of Competition» forbids unfair competition, related to purchasing and using exclusive rights for the means of initialization of a legal person, or the means of initialization of goods, works or services.
In December 2007, «Infokos» Ltd. appealed to the Moscow Arbitration Court against the FAS Russia decision. On 12th February 2008, the Moscow Arbitration Court dismissed the claim of «Infokos» Ltd., and, therefore, sustained the decision of the antimonopoly authority.
