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Sayenko Kharenko Successful for Oschadbank in Trademark Dispute

Sayenko Kharenko Successful for Oschadbank in Trademark Dispute

Ukraine
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Sayenko Kharenko has successfully represented the interests of Oschadbank in a dispute over the unlawful usage of its trademark by the former Sberbank, in a case where Oschadbank was awarded EUR 10 million in damages.

According to Sayenko Kharenko, the case concerns the recovery of damages from Sberbank, which was subsequently renamed International Reserve Bank, for the unlawful use of the Oschadbank trademark. "The specified case is a logical continuation of the court case on the prohibition for Sberbank to use the Oschadbank trademark, which was initiated in 2016 and subsequently won.

According to the firm, the court of first instance dismissed the claim, justifying its decision by stating that, in its opinion, the elements of the offense had not been proven, the forensic examination allegedly contained deficiencies, and prejudice should not have been applied because the defendant owned other trademarks.

Following an appeal, and “after a series of court hearings and a successful cassation appeal against the procedural ruling, the Northern Commercial Court of Appeal issued a decision upholding the request in full, including the full recovery of damages for trademark infringement from International Reserve Bank (renamed Sberbank) for over UAH 390 million (EUR 10 million). The decision of the Court of Appeal has entered into legal force,” Sayenko Kharenko reported.

The firm's team included Partner Yaroslav Ognevyuk, Senior Associate Volodymyr Hrunskyi, and Associate Gennadiy Kochin.