On the 22nd of September 2006 Kyiv Economic Court of Appeal enunciated a truth of Open Joint Stock Company “Odessa Baby Food Cannery” for the umpteenth time in relation to the unfair usage of the package of white colour which is similar to the degree of confusion with the package of TM “Juices of OBFC” for the juices of its own production by Open Joint Stock Company “Vinnifruit” (Kalinovka city, Vinnitsa region). As it’s stated in the decision of the court, “Vinnifruit” infringes the right of the owner of the object of the intellectual property for the trade mark, the right of the owner of the object of the intellectual property for the industrial model, as well as applies unfair competition by such actions.
As far back as in the middle of October of 2005 Open Joint Stock Company “OBFC” proved in Kyiv Economic court that “Vinnifruit” had just duplicated a unique for the Ukrainian juice market package, the author of which had become exactly Odessa Baby Food Cannery 4 years ago. Nevertheless, Open Joint Stock Company “Vinnifruit” didn’t agree with such decision and appealed, naturally proceeding with the production of its products in this package meanwhile.
As expected, the decision of Kyiv Economic Court remained unchanged.
Alack, the success of TM “Juices of OBFC”, which had made a splash in the market of juices and nectars in 2002, had become a precondition for the duplication and cloning of various kind of the white ascetic package of this trade mark by the unfair competitors. “Vinnifruit” also did not resist a temptation, having produced in 2004 the juice in white package bearing a strong resemblance by its appearance to the juice of Odessa Baby Food Cannery.
Such anti-competitive methods of unfair players of the market of juices have resulted in the fact that the national consumer had been misled for some time and was buying the juices of other producers, which are considerably inferior to the Odessa juice by their characteristics, instead of the tasting production of OBFC.
Fortunately, Ukrainian consumers proved to be rather exacting in tastes and attentive to the package. The results of sales of the production of TM “Juices of OBFC” are the proof of that: according to the data of the company MEMRB, the market share of the juices of this trade mark makes up 14% currently.
Unfair competitors who were able to duplicate the package of “Odessa white one” could not duplicate its quality.
Reference: Open Joint Stock Company “OBFC” is the author and the rightful owner of the TM “Juices of OBFC” in white package on the ground of the certificate of the State department of intellectual property of the Ministry of education and science № 39551 and Patent № 7738 of the industrial sample “Package for Drinks”.