Asters successfully defended the interests of the Swiss professional skincare brand INSTYTUTUM – INSTYTUTUM AG (Switzerland) and the distributor of INSTYTUTUM products in Ukraine, Institute Hyalual LLC – in a case concerning the unauthorised use by another cosmetics manufacturer of the combined designation featured on the packaging of the SUN SCRIPTION sunscreen.
The Antimonopoly Committee of Ukraine (AMCU) agreed with the evidence and legal arguments presented by Asters’ lawyers, finding that the unlawful use of the SUN SCRIPTION designation and other distinctive elements of the SUN SCRIPTION sunscreen packaging constituted unfair competition, and imposed financial sanctions on the infringer.
The AMCU’s decision highlights the importance of protecting distinctive signs used for products, including combined designations, to prevent exploitation of another party’s business reputation and ensure fair competition. The decision also confirms that businesses can effectively challenge the unlawful use of combined designations by other market participants and prevent them from gaining unfair competitive advantages.
Asters’ lawyers demonstrated, as reflected in the AMCU’s decision, that the overall consumer perception of an original product name together with other elements of its presentation, viewed in their interrelation as a single combined designation, plays an important role in ensuring the distinctiveness of product design. Taken together, these elements determine the originality of the design and enable consumers to recognise the products of a particular manufacturer.
The AMCU’s decision once again confirms the effectiveness of the AMCU’s mechanism available for protection against unfair competition.
Asters' team advising on the matter included Senior Associate Anastasia Panchak, Associate Anastasia Bukhanevych under the supervision of Partner Oleksandr Voznyuk.
