Regarding: Termination of violations of the Intellectual Property Rights to Commercial name and trade mark
Partner : Irina Pustovitenko
Court: Commercial Court of Autonomous Republic of Crimea, Sevastopol Appeal Court
Dates: November 2008; January 2009 

Commentary:

The firm often faces instances of unfair competition between proprietorships.  In the subject case, a newly opened supermarket, referred to herein as an open joint-stock company “D”, tried to restrict from operations in its new territory an open market company, referred to herein as open joint-stock company “F”,  which has been in operation for many years.  “D”, having reconstructed a transformer station previously owned by “KrimEnergo” (the State Utility Company), made an attempt through court action to annul an electricity provision contract which had been  executed between “F” and “KrimEnergo” two years prior to the reconstruction. The mega market “D” alleges that it is the owner of the station to which the “F” is electrically connected.  The Court ruled that the claims of the plaintiff were unreasonable, not in keeping with the current legislation.  Even if the defendant uses the electric equipment belonging to the plaintiff, the latter has only the right to demand a contract to use plaintiff’s equipment and cannot cut “D” from this source of electricity.