The competition law team at EPAM Law successfully defended the interests of Nortex, a major distributor of chemical raw materials and one of the world’s top 100 market players, securing the decision in the unfair competition case at the level of the internal appeal before the Federal Antimonopoly Service of Russia (FAS Russia).

By way of reminder, since 2016 Nortex LLC had been supplying pigments produced by the Chinese manufacturer OXERRA Group (formerly Cathay Industries) to Russia, while investing substantial resources in raising the brand’s profile on the Russian market. In 2024, a local trading company competing with the client registered the OXERRA designation as a trade mark in the Russian Federation and began deliberately obstructing Nortex’s operations by preventing the import of pigments into Russia through the inclusion of the trade mark in the Customs Register of Intellectual Property Objects and by blocking the sale of pigments bearing the OXERRA designation in Russia.

The competitor’s actions resulted in significant losses and damaged the client’s business reputation. Owing to the firm’s efforts, these circumstances formed the basis for the Krasnodar Office of the Federal Antimonopoly Service recognising the defendant’s actions as an act of unfair competition. The decision of the regional authority was subsequently appealed by the trade mark holder before the Appeals Board of FAS Russia.

Within a tight timeframe, EPAM Law’s lawyers prepared a position demonstrating that the decision of the Krasnodar Office of the Federal Antimonopoly Service was fully consistent with the enforcement practice of the antimonopoly authorities, which made it possible to defend the findings in the case before the central office of FAS Russia. The team drew the Appeals Board’s attention to all elements of the infringement and substantiated why unreliable evidence submitted by the trade mark holder as part of the appeal should be disregarded.

The decision to uphold the ruling of the Krasnodar Office of the Federal Antimonopoly Service provides grounds for the cancellation of the trade mark’s legal protection. This will make it possible to restore the client’s full operations.

The project was handled by EPAM Law’s competition law team, including Senior Associate Anastasiya Kalistratova and Junior Associate Anastasiya Lebed, under the supervision of Partner Evgeniy Bolshakov.