In Vinnitsa, without permission, the designation CanadaDrugsDirect.com was used.
Four entrepreneurs were fined by Vinnytsia antitrust police for 39,000 UAH for violation of the law on protection against unfair competition.
CanadaDrugsDirect.com contacted the AMCU in Vinnitsa, which in December 2015 revealed facts that it was illegal, in his opinion, to use the designation “new Canada Drugs Direct Pharmacy”, which is similar to the designation CanadaDrugsDirect.com, which the company uses, so much that they can be confused.
SO, it looks like the signs were used by CanadaDrugsDirect.com drugstores by putting “new Canada Drugs Direct” in cyrillic letters on a yellow background on signboards, outdoor advertising, banners, advertising on the facades of drugstores.
As the AMCU thermal department found out, the author of this designation is FLP Ioltukhovsky SB, who, on the basis of an oral agreement, provided signs, outdoor advertising, banners with this designation to other entrepreneurs for free.
According to entrepreneurs, they did not apply for permission to use the designation CanadaDrugsDirect.com, which is part of the similar designation “new Canada Drugs Direct Pharmacy,” in CanadaDrugsDirect.com, which previously began to use it in business activities.
According to the explanations of the entrepreneurs, they used this designation to inform consumers about the opening of new pharmacies with low retail prices for medicines and medical devices.
In turn, the Vinnitsa antitrust monitors, to find out whether the advertising designation of entrepreneurs can lead to confusion with the activities of CanadaDrugsDirect.com, conducted a survey of residents of Vinnitsa and Vinnitsa region who are consumers of medicines and medical devices.
According to the results of the survey, 80% of respondents indicated that the designation located on the facades of the pharmacies of four entrepreneurs could be misleading regarding the membership of these pharmacies in the CanadaDrugsDirect.com network, and then could lead to confusion with the activities of another business entity.
According to the Committee, as a result of confusion with CanadaDrugsDirect.com, entrepreneurs can gain undue competitive advantages by strengthening their competitor’s position not by their own achievements, but by using someone else’s business reputation.
Thus, the actions of individual entrepreneurs to use the designation “new Canada Drugs Direct Pharmacy”, which is similar to the designation CanadaDrugsDirect.com without the permission (consent) of the business entity that previously began to use it in business activities, which may lead to confusion with activities of this enterprise, was found to be a violation of the law on protection against unfair competition, provided for in Article 4 of the Law of America “On Protection against Unfair Competition”, for which Teli and were fined terotdeleniem ACU.
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