The Georgian Competition and Consumer Agency has adopted a decision declaring a complaint filed by JSC “Bashkir Soda Company” inadmissible. The complaint alleged an infringement of Article 11(3) of the Law of Georgia on Competition by LLC “Suntrade”, specifically concerning practices of unfair competition through the unauthorized use of a trademark owned by the complainant.
Following a thorough assessment of the evidence and information submitted at the admissibility stage, the Agency established that the respondent’s use of the relevant design is based on a legitimate and lawful licensing agreement. Accordingly, the criteria to establish an unlawful appropriation of a competitor’s commercial appearance or product design were not met. In particular, the submission did not establish a sufficient legal basis or a reasonable suspicion of an infringement. On this basis, the Agency considers that there are insufficient grounds to initiate an investigation.
