Toy supplier Simbat disputes the FAS order to stop using the Umka brand

Simbat, the largest supplier of toys and children’s goods, is challenging in the Moscow Arbitration Court the order of the Moscow Department of the Federal Antimonopoly Service (UFAS) to stop using the name “Umka” and the pattern of a polar bear cub for children’s household chemicals – shampoos, gels and washing powders. The company itself declined to comment. The representative of the FAS only said that “all the information is contained in the message about the issuance of the order.”

Earlier, Simbat’s competitor, Belaya Manufactory, a manufacturer of household chemicals, complained to the Federal Antimonopoly Service about the use of the brand and the similarity of labels between the two companies. In May 2023, the metropolitan department of the service ruled that Simbat products imitated the appearance of Belaya Manufactory goods, fined the violator 500,000 rubles. The FAS also issued an order to Simbat to stop the production of goods with violations, follows from the FAS decision base.

Both Simbat and Belaya Manufactory had Umka trademarks, but in 2022 Rospatent declared the provision of legal protection for several dozen such trademarks invalid. Rospatent did not respond to Vedomosti’s request. The representative of Soyuzmultfilm admitted that this was done at the initiative of the film studio, which constantly reveals cases of illegal use of animated images. Last year’s monitoring across Russia found more than 6,000 violations and filed more than 5,000 claims to protect the rights to popular animated images, he says. More often than others, such characters as Woof the Kitten, Cheburashka, Gena the Crocodile, the heroes of the cartoon series about the inhabitants of the village of Prostokvashino, “Well, you wait!”, Winnie the Pooh, Carlson and the Wolf from the cartoon “Once upon a time there was a dog” are used illegally. At the same time, animated images are used in all product categories: food, clothing, stationery, etc. However, the hero of the “golden collection” of “Soyuzmultfilm” “Umka” became the record holder in the number of illegal registration of trademarks – last year more than 20 such designations were challenged , the representative of the studio assures.

In the case of the Simbat company, Soyuzmultfilm managed to reach a contractual relationship, while representatives of the Belaya Manufactory company initially disagreed with the studio’s demands for payments for the illegal use of an animated character, which, in turn, led to a lawsuit. says a spokesperson for the studio.

As a result, White Manufactory also entered into an agreement with the copyright holder on a license to use the character for such products as household chemicals, cosmetics, oral hygiene products and accessories for feeding babies, a company representative said.

Today, Umka is one of the most promising brands, and we expect increased interest in products with this character, says Antonina Tsitsulina, president of the Association of Children’s Goods Industry Enterprises. The bear cub of Belaya Manufactory is one of a series of polar bear cubs, which has been produced for a very long time, and has repeatedly proved the integrity, high quality and safety of products, she notes, hoping that the companies will be able to resolve the conflict, taking into account the prospects for cooperation.

After analyzing the message of the OFAS, we can conclude that the subject of the infringement order was primarily a similar label, says patent attorney, managing partner of Zuykov and Partners Sergey Zuykov. At the same time, Belaya Manufactory was able to prove that it has been using products with this design since 2016, while Simbat has been using them since 2021, notes Ruslan Gafurov, senior lawyer, head of the dispute resolution practice at Nevsky IP Law. Most likely, this circumstance became decisive for the FAS, they did not believe that, given the significant presence of the applicant on the market, Simbat LLC accidentally copied the appearance of the product packaging, he believes.

Zuykov believes that the court is unlikely to cancel the decision of the OFAS, since the authorized body made its decision on the basis of the conclusion of the expert council on the application of legislation, this is a collegial body with a large number of experts. The decision can only be changed if Simbat proves that since 2021 its products have gained a significant market share and now ordinary consumers associate this packaging with Simbat, and not with Belaya Manufactory, Gafurov sums up. .