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INTA's Trademark Reporter Ukraine case summary - Infringement and Other Forms of Unfair Competition (Grafskyi Uzhgorodskyi vs Uzhgorod)

By Elena Zubenko, published in the March/April 2012 edition of the IAR Trademark Reporter

In June 2009, the Antimonopoly Committee of Ukraine ruled against the government-owned entity Pysarivskyi spyrtzavod, holding that its actions constituted unfair competition and were contrary to honest practices in industrial and commercial matters. Namely, the Antimonopoly Committee found that Pysarivskyi spyrtzavod used the trademark GRAFSKYI UZHGORODSKYI illegally, thus infringing the rights of the trademark UZHGOROD and creating a false indication of the origin of the products.

In August 2009, Pysarivskyi spyrtzavod filed a claim with the Commercial Court of Kiev, arguing that the Antimonopoly Committee’s decision was illegal and that the opinion issued failed to give the full explanation of the circumstances of the case. The grounds for the case were the permission/license (market authorization) to use the trademark GRAFSKYI UZHGORODSKYI in relation to brandy, obtained on the basis of a trademark application filed by the plaintiff in September 2007. The plaintiff also argued that the trademark GRAFSKYI...

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