Practical Aspects of Trying Passing-off Cases in Ukraine

Oleh M. Malskyy, Volodymyr O. Yakubovskyy

In recent years major foreign FMСG producers face their goods being passed off and other cases of unfair competition from different local producers. In these cases there is no direct counterfeiting. The products are still very similar in name, trademark, packaging or advertising materials which may result in confusion or even the deception of a regular customer. Such cases can be tried before a court for trademark or patent infringement, but a well-known producer often has a weak position as there is no direct confusion with its registered trademark or patent...