The Georgian Competition and Consumer Agency (GCCA) has concluded its investigation into LLC “Progress 2024” concerning alleged unfair competition in the marketing of baking soda. The proceedings were initiated following a complaint submitted by “Bashkir Soda Company” regarding the visual similarity of product packaging.
In its submission, the complainant alleged that the lettering, layout, and graphic design used on the baking soda packaging marketed by LLC “Progress 2024” unduly resembled its registered trademarks. According to the complainant, this similarity was liable to mislead consumers as to the commercial origin of the goods.
In the course of its assessment, the Agency conducted a comparative analysis of the verbal and figurative elements of the respective trademarks and packaging, examining their overall layout, colour combinations, and general visual impression.
In its assessment, the Agency noted that the inscription refers to the product category rather than indicating a specific manufacturer. Furthermore, the Agency identified substantial visual differences between the competing designs. Specifically, while the complainant’s registered trademark incorporates the text within a single rectangular frame, the respondent’s packaging features two distinct oval elements. Differences in the arrangement of graphic motifs and colour schemes further contribute to an independent overall visual impression for each product.
On the basis of the evidence on case and the comparative assessment, the Agency concluded that the packaging of LLC “Progress 2024” does not give rise to a likelihood of confusion on the part of consumers. Consequently, the GCCA found no infringement of Article 11³(2)(d) of the Law of Georgia on Competition.
During the year, the GCCA launched 3 investigations into possible violations of the Competition Law. One investigation remains ongoing.
