A new case of unfair competition was prevented in the market of economic competition
We are glad to present to you another important victory of "ELL Partnership" Law Firm in the fight against unfair competition in RA, which stopped the sale of fake toys imported to RA and prevented their continued importation.
Thus, from the study of the Armenian market, it became clear that fake toys with the well-known "HASBRO", "PLAY DOH" and "NERF" trademarks or with confusingly similar packaging are imported and sold in Armenia by some businessmen, which is not only a behavior containing apparent elements of unfair competition but also presents great danger for children. The well-known Hezbro, Inc., which has been operating since 1932, as well as the right holder of "MONOPOLY", "PEPPA PIG", "TRANSFORMERS" and a number of other well-known trademarks is a company that has been engaged in the sale of toys and entertainment games for almost a century, building a reputation and a good reputation mainly due to conscientious activities.
The legal team of "ELL Partnership" under the coordination of the general director, attorney Gohar Gevorgyan, taking over "Hezbro, Inc." protection of the company's interests, 2022 On March 21, the RA Competition Protection Commission submitted a report, requesting to take measures to eliminate Hezbrow, Inc. violations of the company's registered trademarks, copying of the latter's products, their appearance or packaging, color combination or other non-functional characteristics. On the basis of the presented report, proceedings were initiated against two businessmen by the Ministry of Education of the Republic of Armenia for importing and putting into circulation the toys with the trademarks "PLAY DOH" and "NERF" in RA, apparently through "Hezbru, Inc." on the basis of the presence of characteristics of unfair competition with the manifestation of confusion in relation to the company, its activities and the products offered.
Taking into account the above and the justifications given by the legal team of "ELL Partnership", the Commission recorded with the decision of 14.06.2022 that the sale of toys with the trademarks "PLAY DOH" and "NERF" by the infringing company is considered as "Hazbro, Inc. unfair competition of the manifestation of confusion towards the company and its offered products, for which a measure of responsibility was applied to the business entity in the form of a warning.
This success is significant not only for the legal team of "ELL Partnership" and our client "Hezbro, Inc." for the company, but also for RA consumers, as it is another step on the way to protect the Armenian market from fake and low-quality toys, to eliminate and prevent violations that threaten children's health. Emphasizing this achievement, we believe that as a result of the consistent and principled work of honest businessmen operating in the market and the Commission for the Protection of Competition, it will be possible to protect the RA market from various manifestations of unfair competition, the circulation of fake products and counterfeiting of trademarks, and the decision in this case will be for other businessmen of the market impulse to stop unfair competition, importation and sale of fake goods in RA.
An important victory in the context of the formation of judicial practice
This victory is especially important for the formation of judicial practice, because different interpretations given by the courts can be...