News date: 12 July 2024
The Ukrainian Red Cross Society was successfully represented by Ilyashev & Partners Law Firm in a dispute involving termination of violations relating to the illegal use of the Red Cross emblem in business activities of Med-Service Dnepr LLC, Ukraine’s largest pharmacy chain.
In Ukraine, the company illegally used the Red Cross emblem in advertising, on business signs, and on websites of over 400 pharmacies in 100 cities. The Ukrainian Red Cross Society has a special humanitarian mandate. Pursuant to Ukraine’s national legislation and international treaties, the use of the red cross image is allowed only by the Red Cross Society and its representative offices in Ukraine.
Ilyashev & Partners Law Firm filed a claim to invalidate the Med-Service trademark containing a red cross image in order to protect the Ukrainian Red Cross Society.
The court proceedings on this case lasted over four years. In all courts, Ilyashev & Partners’ Intellectual Property team proved that the pharmacy chain was using the Red Cross emblem illegally. After accepting earlier court decisions, the Supreme Court invalidated the trademark Med-Service, putting an end to the case.
This was the first Supreme Court decision in Ukraine addressing the illegal use of the Red Cross emblem in Ukraine. It is crucial because it allows for the abolition of numerous violations of illegal use of the Red Cross emblem in Ukraine.
The State Organization “Ukrainian National Office for Intellectual Property and Innovations” (IP Office) entered information about the invalidation of Certificate No. 38130 for Med-Service trademark into the State Register of Trademark Certificates of Ukraine for Marks for Goods and Services.
Nevertheless, the pharmacy chain did not follow the court’s decision, and continued using the Red Cross emblem. Ilyashev & Partners managed to convince the infringer to cease using the Red Cross emblem irrevocably and rebrand. Med-Service Dnepr LLC and the Ukrainian Red Cross Society concluded an amicable agreement which details the pharmacy chain’s obligation to stop using the Red Cross emblem.
The case was handled by Volodymyr Adonin and Olena Sereda, Attorneys at Law, under the supervision of Managing Partner Mikhail Ilyashev. The firm provided legal services to the Ukrainian Red Cross Society on a pro bono basis.