Cases (#05 May 2015)

Cases

Alfa-Produkt LLC owes UAH 136,000 for Lemonade

The Higher Commercial Court of Ukraine dismissed an appeal by Alfa-Produkt LLC against a decision of the Commercial Court of Kharkov Region and a decision of the Commercial Court of Appeal of Kharkov Region under the claim of Kharkov regional office of the Antimonopoly Committee of Ukraine to recover from Alfa-Produkt LLC a fine of UAH 68,000 and a penalty of UAH 68,000. Courts of lower instances allowed the claim. The AMCU established that the company placed some information about the product on the label of the soft drink Lemonade but it failed to indicate its origin, the manufacturing company and quality, and so violated legislation on protection against unfair competition. The Higher Commercial Court upheld the courts’ decisions, as it was of the opinion that they had come to the correct conclusions as to the available grounds to allow the claim and to collect the fine and penalty.

 

CMS Cameron McKenna represented mBank

CMS Cameron McKenna in Kiev represented mBank, in a trademark dispute against Bank Mykhailivsky, one of the biggest Ukrainian banks in the Higher Commercial Court of Ukraine. 

Bank Mykhailivsky sought invalidation of mBank’s registered trademarks due to its alleged failure to use them in Ukraine. However, the Ukrainian commercial courts of all three instances upheld the defence of mBank that setting up a local branch was not required to prove the use of trademarks under Ukrainian law. The courts upheld that rendering bank services in Ukraine by use of bank cards issued in Poland satisfies the use of trademarks test under Ukrainian law.  The team was led by partners from Kiev and Warsaw, Olexander Martinenko,Malgorzata Chrusciak, with invaluable assistance from Sergiy Gryshko and Volodymyr Kolvakh.

 

Kiev Commercial Court of Appeal rules in favor of Belvedere S.A.

The Kiev Commercial Court of Appeal allowed an appeal by Belvedere S.A. to cancel the results of the auction for the sale of corporate rights of Italiano in Ukraine LLC and Boisson Elite LLC. The court found that the auction was held on 13 November 2014 with explicit violation of legislation. In particular, Belvedere S.A., as a secured creditor, did not provide its consent to the sale of the mentioned corporate rights. The terms of the auction were also set without the consent of the company, which resulted in the sale of assets for only UAH 254,000 though their value was estimated at UAH 65 million. After the hearing, the Kiev Commercial Court of Appeal ruled to return the property to the foreign investor. The company was represented by Anton Polikarpov, senior associate of Arzinger.

 

ECOVIS Bondar & Bondar proved the illegitimacy of the order of air route operating permits

On 23 April 2015 the Kiev Administrative Court of Appeal upheld a previous decision of the court of the first instance on the illegitimacy of the Decree of the Ministry of Infrastructure No.245 dated 23 April 2013 approving the Order of issuance and cancellation of air route operating permits.

ECOVIS Bondar & Bondar team supporting this case included Oleg Bondar, managing partner, and Julia Dmitrieva, senior associate.

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