OREANDA-NEWS. February 06, 2009. The Federal Antimonopoly Service (FAS Russia) processed an administrative case against "Delphin Industry" CJSC and fined the company 320 000 Rubles for unfair competition, reported the press-centre of FAS Russia.

In December 2008, FAS Russia found that "Delphin Industry" CJSC violated Clause 4 Part 1 Article 14 of the Federal Law "On Protection of Competition". "Delphin Industry" CJSC breached the law by introduction engine and transmission oils into circulation in the Russian Federation, using the "LUXOIL" verbal mark, which is similar to the degree of confusion to the "LUKOIL" trade mark under No.141746 Certificate and the "ЛУКОЙЛ" trade mark under No.166710 Certificate.

Recognized violation of Clause 4 Part 1 Article 14 of the Federal Law "On Protection of Competition" constitutes the grounds for imposing a fine under Part 2 Article 14.33 of the Code of the Russian Federation on Administrative Violations.

Introducing goods into circulation with the use of verbal marks similar to the degree of confusion misinforms consumers with regard to the goods manufacturers and their quality, inflicts damages and harms business reputation of the assignor of the trademark.

Under Part 2 Article 14.33 of the Code of the Russian Federation on Administrative Violations, unfair competition in the form of introduction goods into circulation with unlawful use of intellectual property or equivalent to it means of differentiation of the goods, works and services is punishable by imposing an administrative fine upon legal entities - from one hundredth to fifteen hundredth of the proceeds gained by the violator from selling goods (works or services) on the market where the violation was committed, but no less than 100 000 Rubles.