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Eterna Law

SOPHIA BUSINESS CENTER, 6 RYLSKIY LANE, 01601 KYIV, UKRAINE
Tel:
Work +380 44 490 7001
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Web:
https://www.eterna.law
Almaty, Kiev, Moscow

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AstapovLawyers defended the interests of Nutricia Ukraine (Danone Group)

January 2011

AstapovLawyers represented Nutricia Ukraine, a part of the Baby Food Division of Danone Group, in a trademark right dispute.

The plaintiff, baby food making Khorolsky Concentrated Milk Plant, demanded to ban the import of products bearing the “Malysh Istrinskiy” trademark into Ukraine. During the trial, the firm’s lawyers proved that our client had not been infringing the intellectual property rights of the plaintiff and that the trademarks on such products were not identical to those of the plaintiff. As a result, our client has defended its right to freely import the goods into Ukraine through its distributors.

“We are very pleased with having managed to protect the interests of our client and refute the arguments of the plaintiff. Intellectual property rights matters are always difficult to handle and require lawyers not only with profound knowledge of law and procedure, but also with a broader understanding of market and consumption nuances associated with a particular brand. Therefore, we are especially pleased that we were able to deal with such complex issues and prove to the court that the trademark of our client and that of the plaintiff are totally different,” said Oleh Beketov, AstapovLawyers’ Counsel.

“The “Malysh” designstion is not distinguishable, because it has been used by several enterprises for baby food labelling since the Soviet times. This is why our opponents cannot possibly argue that “Malysh” mainly identifies their products,” noted Oleh Gromovoi, AstapovLawyers’ Senior Associate.

This case was handled by AstapovLawyers litigation department, in particular by Counsel Oleh Beketov and Senior Associate Oleh Gromovoi.

 


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