Just before the end of 2023, CONSORZIO DI TUTELA DELLA DENOMINAZIONE DI ORIGINE CONTROLLATA PROSECCO (Consorzio) obtained a favourable decision from the Ukrainian Competition Authority (the Antimonopoly Committee of Ukraine) concerning misuse of the PROSECCO protected designation of origin (PDO) and trademark by Ukrainian producer of alcoholic beverages. This is another landmark case of Sayenko Kharenko that confirms that efficient protection against unfair competition practices is possible despite martial law in Ukraine.
The dispute arose in the middle of 2020 concerning the unauthorised use of the PROSECCO PDO and trademark by TAIROVO WINERY, a Ukrainian LLC.
Based on the evidence provided by Consorzio and collected during the unfair competition proceedings, the Competition Authority concluded on the unfair competition practice by TAYROVO WINERY LLC under Article 4 of the Law of Ukraine “On Protection against Unfair Competition” (unlawful exploitation of name, trade (commercial) name, trademark, advertising materials, packaging and other identifiers without permission of the business entity that started using such or similar signs in its commercial activity earlier and which exploitation caused or could cause confusion with activity of such business entity).
As a result, the Competition Authority imposed a fine of UAH 946,909 (approx. EUR 24,000) on the defendant.
Sayenko Kharenko’s team, in cooperation with the Italian office of Bird & Bird, provided comprehensive legal support to Consorzio at all stages of the unfair competition proceedings. This success reconfirms Sayenko Kharenko`s extensive expertise in efficiently implementing available legal instruments to protect the rights and interests of clients in sophisticated and complex contentious matters.
SK project team included, among others, counsel Oleg Klymchuk, senior associate Volodymyr Hrunskyi, associate Anastasia Bondarenko, and junior associate Anastasiia Havryliuk.
Sayenko Kharenko’s team closely cooperated with the Italian legal team at Bird & Bird, composed of the partners Giovanni Galimberti and Rita Tardiolo, associate Francesca Signorini, and senior trademark attorney Alessandro Sciarra.
To read the official press release of the Ukrainian Competition Authority, please follow the link (in Ukrainian).
