News date: 5 November 2020
Ilyashev & Partners Law Firm has successfully defended the interests of the Ukrainian Red Cross Society in the case on termination of violations associated with the illegal use of the Red Cross emblem in business activities of a large network of medical centers in Ukraine.
The network used the red cross image in its trademark and placed such trademark on its business signs, on the website, in advertising and business documents. Such use of the emblem is a gross violation of the Ukrainian legislation in force and international treaties to which Ukraine has acceded.
Ilyashev & Partners’ Intellectual Property team managed to persuade the infringer to stop using the Red Cross emblem and to start the rebranding. The network’s obligation to stop using the Red Cross emblem was formalized in an amicable agreement approved by the Commercial Court within a framework of a court action.
The Attorney at Law Dmytro Nikulesko and the Lawyer Olena Sereda worked on the project under direct supervision of Mikhail Ilyashev, the Managing Partner of Ilyashev & Partners. All legal services to the Ukrainian Red Cross Society were provided pro bono.
It will be recalled that unlike other charitable organizations, the Ukrainian Red Cross Society has a special humanitarian mandate, humanitarian initiative as a member of the International Red Cross and Red Crescent Movement, and operates under the Law of Ukraine “On the Ukrainian Red Cross Society” and the Law of Ukraine “On the Red Cross, Red Crescent, and Red Crystal Symbols in Ukraine”. Pursuant to the national legislation of Ukraine and international treaties, the use of the red cross image is allowed only to the Red Cross Society and its representative offices in Ukraine.