Here is the translation:
1. Subject of Dispute: Challenging the decision of the Antimonopoly Committee of Ukraine regarding recognition of DP “Lactalis-Ukraine” actions on labeling the product “Soft Cottage Cheese” as unfair competition.
2. Main Court Arguments:
– The product packaging provides complete information about its composition and name – “Thermized Cream Cheese”
– Expert examination confirmed that the product is a type of fermented cottage cheese
– The Antimonopoly Committee did not prove that the labeling misleads consumers
– Results of anonymous consumer surveys cannot unconditionally testify to misleading
3. Court Decision: Uphold the appellate court ruling without changes, modifying the reasoning part.
Note: The court essentially deviated from previous practice regarding interpretation of the “misleading” concept in unfair competition cases.
