Areas of Practice

Corporate & Labor Corporate experience Labor Law Mergers & Acquisitions Antitrust & Regulatory Compliance and Anticorruption Dispute Resolution and Litigation Energy PSA Regime in Ukraine Upstream Oil & Gas Downstream / Project Finance Renewable Energy Intellectual Property Unfair Competition Insurance Finance / Banking / Capital Markets Legislative Drafting Land & Construction Agriculture Information Technology International Trade and Customs Telecoms Healthcare

Unfair Competition

In addition to our specific capability in the field of Intellectual Property, we have considerable experience in related areas of law, such as representing clients on matters involving unfair competition and false advertising. For example, we have:

  • Successfully defended several brands of the leading global confectionary manufacturer against multiple infringements by the local manufacturers and imported infringing products, used combination of the remedies available through the Antimonopoly Committee of Ukraine proceedings, the court civil and administrative claims and protection mechanisms available through the Ministry of Interior's special Intellectual Property Protection Unit.
  • Represented one of the world's largest consumer goods companies in its unfair competition (false advertising) dispute with a multinational competitor in Ukraine.
  • Represented a major international petfood company in a groundbreaking unfair competition case with the Antimonopoly Committee of Ukraine in recognizing color-based infringements of brands "Whiskas", "Pedigree" as unfair competition. The report on this case was published in the Newsletter of the Antimonopoly Committee of Ukraine (N1, 2007) and can be found in Ukrainian here and in English translation here. This case was also mentioned by the ex-Head of Unfair Competition division of the Antimonopoly Committee of Ukraine Ms. Oksana Kondratieva as the most memorable case in her 17-year career with the Antimonopoly Committee of Ukraine in the interview to Pravotoday.in.ua on 11 July 2011.
  • Defended a large international company against accusation of unfair competition and represented this company in the relevant proceedings.
  • Achieved favorable settlements for clients in several unfair completion disputes.
  • Assisted a major Western detergent manufacturer in defending itself against accusations of engaging in unfair advertising from another major Western detergent manufacturer.
  • Successfully registered an industrial sample in Ukraine as part of a strategy to bolster a client's defense against claims of unfair advertising.
  • Successfully represented an international beverage company in Ukraine in a highly publicized dispute over trademarked soft-drink names

In addition, we have experience in such advertising-related fields as negotiating and securing celebrity endorsements for our clients -- advising two separate major Western FMCG companies in their negotiations to obtain celebrity endorsements of their products from Ukrainian athletic stars -- and in advising clients on labeling requirements for their Ukrainian products.

© 2009 RULG - Ukrainian Legal Group, P.A.