Regarding: Termination of violations of the Intellectual Property Rights to Commercial name and trade mark
Partner: Ilya Kostyn
Court: Commercial Court of Kiev
Date: February 24,2009
 

Commentary:

This situation is an example of effective protection of the intellectual property rights of the client to its commercial name and trademark.  Entity (Plaintiff) is an owner of the combined trademark for trade and services and, concurrently, the word part of the mark is its commercial name.  As time passed, another entity appeared on the service market.  The main part of their name was similar with the name of the plaintiff.  As a result of this similarity, consumers of the services could be mislead as to the identity of the product.  A court of the first level took into consideration the arguments of the plaintiff and expert conclusion, i.e., that the defendant used a part of the trademark and commercial name of the plaintiff and ruled for the plaintiff.  The defendant was prohibited to use in its name the commercial name of the plaintiff and a word part of the plaintiff’s trademark.