The Antimonopoly Committee of Ukraine has found that OPT-SYSTEMS LLC committed a violation of unfair competition legislation in the form of unlawful use of packaging design.
The Committee established that OPT-SYSTEMS LLC unlawfully used the packaging design of low-alcohol, highly carbonated beverages marketed under the designation “KHORTYTSA” (namely, “Cocktail Collection ‘BORA BORA Flavor’,” “Cocktail Collection ‘SEX ON THE BEACH Flavor’,” and “Cocktail Collection ‘COSMOPOLITAN Flavor’”), which are similar to the packaging design of beverages marketed under the designation “SHAKE,” produced by NOVI PRODUKTY UKRAINE LLC (“Shake Cocktail ‘BORA BORA’,” “Shake Cocktail ‘SEXX ON THE BEACH’,” and “Shake Cocktail ‘DAIQUIRI’”), which the complainant had begun using earlier in its commercial activities.
The Antimonopoly Committee of Ukraine concluded that such actions by OPT-SYSTEMS LLC could have led to confusion between the activities of the two companies, as confirmed, inter alia, by a consumer survey conducted by the Committee.
Taking into account the totality of the evidence obtained, the Antimonopoly Committee found that the actions of OPT-SYSTEMS LLC constituted a violation of the Law of Ukraine “On Protection Against Unfair Competition,” imposed a fine of UAH 21.519 million (USD 513 thousand), and ordered the company to cease the infringement.