The Georgian Competition and Consumer Agency (GCCA) has formally dismissed as inadmissible a complaint submitted by LLC “Skyvia” against LLC “Skyvia Georgia” concerning alleged unfair competition, trademark imitation, and control over digital assets.
The complainant argued that the respondent was using signs similar to its trade name and logo, which, in its view, created a risk of misleading consumers and of confusion between the two undertakings. The complainant also requested that the respondent hand over the login credentials for the social media accounts it manages. The complaint concerned alleged infringements of Article 11³ (Unfair Competition), Paragraph 2, Subparagraphs (a) and (c) of the Law of Georgia on Competition.
In its evaluation, the Agency distinctly separated two primary legal issues, first addressing the alleged unauthorized use of signs similar to the trade name and logo. The Agency explained that the protection of exclusive trademark rights is ensured through the mechanisms provided for by the Law of Georgia on Trademarks, including recourse to the courts. Any possible infringement of trademark rights must therefore be assessed on the appropriate legal basis and within the competence of the relevant authority.
The second concerned access to the social media accounts and the right to manage them. The Agency found that the materials submitted did not contain sufficient evidence to show that the use of social media amounted to conduct contrary to business ethics or indicated a possible infringement of competition law. Moreover, the handover of account access and login credentials, being a matter of ownership and management of those accounts, falls outside the Agency’s competence.
Accordingly, the Agency concluded that the complaint did not satisfy the substantive admissibility requirements laid down by law and that there was no legal basis for opening an investigation. The GCCA therefore declared the complaint inadmissible.
For information, in the current year the Agency has opened investigations on the basis of 3 complaints, declared 13 complaints inadmissible and left 4 complaints without examination. In one case, a conditional commitment was accepted. Admissibility proceedings are currently ongoing in respect of 1 complaint.
