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Company "Ukrainian Macaroni" will stand for its brand-name "Taya", against accusations of the pop songstress
Kiev-based company "Ukrainian Macaroni" will claim against the decision of the Anti-Monopoly Committee (AMK), should it be made in favour of the pop songstress Tayisiya Povaliy, on the case of allegedly improper use of the brand mark "Taya" on the pasta goods packaging (see news item of 01.22.2004; 15:20), the lawyer for the company Oleh Drozdowych has stated, according to Interfax-Ukraine news agency.
According to the news, the pop songstress Tayisiya Povaliy has been accusing the company of illegal use of her scenic name in the brand of its pasta product. The AMK has been planning to make the final decision on the artist's appeal in early February.
Drozdowyh said to a press-conference on Wednesday that, to his opinion, this case was out of the scope of competence of Anti-Monopoly Committee, as "the subject of the dispute is out of the jurisdiction of the anti-monopoly legislation".
He said that the AMK was being considering the case, the parties to which are the subjects to different legal codes: on the one hand - of civil law, on the other - of business law.
"The dispute is being considered by a wrong authority, and the decision which might be made both in favour of "Ukrainian Macaroni" and in favour of T. Povaliy, will be irrelevant to the norms of anti-monopoly legislation, as there is not any common market, nor competitive relationships, nor registration of the brand-name "Taya" for goods and service on the name of Tayisia Povaliy", the lawyer explained.
He said that "it would be more expedient if T. Povaliy referred the case to a court of general jurisdiction as a physical person, who has a right for use of the name "Taya" in relation to her artistic activities".
The legal counsel for "Ukrainian Macaroni" Natalya Sitnyk informed the press-conference that the brand name "Taya" had been registered by the company in honour of the former Director of Khmelnitsky Macaroni Plant Tayisiya Bukhtiyarova, who had worked at the enterprise for more than 30 years.