CMS Cameron McKenna in Kyiv has successfully represented mBank in a trademark dispute against Bank Mykhailivsky in the Higher Commercial Court of Ukraine.
Bank Mykhailivsky — one of the largest Ukrainian banks — sought to have mBank’s registered trademarks ruled invalid in Ukraine due to alleged nonuse. However, the Ukrainian commercial courts in all three instances upheld mBank defense that setting up a local branch was not required to prove the “use of trademarks” under Ukrainian law, and that rendering bank services in Ukraine by use of bank cards issued in Poland was sufficient.
The CMS Cameron McKenna team was led by Partners Olexander Martinenko and Malgorzata Chrusciak, assisted by Associates Sergiy Gryshko and Associate Volodymyr Kolvakh. Martinenko commented: “We are delighted with the outcome of this non-trivial case. It not only demonstrates our potent Ukrainian litigation capability, but also witnesses that Ukrainian courts have experts to deal with technically and legally complicated cases."