Legal Alliance Company defended rights to Espumisan Trademark

Kyiv Economic Court of Appeal reaffirmed legal position of Legal Alliance Company in the case of partial invalidation of the orders of the Ministry of Health of Ukraine on registration of a medicinal product of a competitor which uses a name similar to Espumisan trademark belonging to Berlin-Chemie (Menarini Group).

In December 2013, first instance court, whose position was upheld by the appellate court, forbade the competing company from using a denomination similar to the brand name of Berlin-Chemie (Menarini Group) in the name of its medicinal product. Then the Higher Economic Court of Ukraine remanded the case back for procedural reasons.

Since 2013 the case has been reviewed twice by first-instance court and court of appeal.

The judges of the Higher Economic Court set aside the decisions of the courts of lower instances, preventing the erroneous application of substantive law.

Three forensic examinations and two sociological surveys of consumers have been conducted, and their results substantially supplemented the evidence base of Legal Alliance Company and helped defend the client's rights to the trademark.

The client's interests have been represented by partner Ilya Kostin and counsel Natalia Lavrenova.