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Zelmotor trademark products are prohibited for sale in Ukraine - decision of the Supreme Court
On 06 August 2024, the Supreme Court upheld the Ruling of the North-Western Commercial Court of Appeal and the Decision of the Commercial Court of Vinnitsia Region, which upheld the claims of B&B Trends (Spain) against Zelmotor LLC to terminate of violation of intellectual property rights.
Pursuant to the Resolution of the Supreme Court, Zelmotor trademark products are prohibited for sale in Ukraine, and it is also prohibited to offer such products for sale or otherwise introduce them into civil circulation.
The Supreme Court upheld the positions of the Commercial Court of Vinnitsia Region and the North-Western Commercial Court of Appeal that the designations ‘zelmotor’, ‘zelmotor professional’, which are contained on the website https://zelmotor.com.ua with images of household appliances labelled ‘zelmotor’, ‘zelmotor professional’ are confusingly similar to the registered trademarks of Zelmer, owned by B&B Trends (Spain) and covering the territory of Ukraine for the same and related goods and services, and that such designations are likely to mislead consumers as to the person producing the goods or providing the service.
The ruling of the Supreme Court in the Zelmer & Zelmotor case is final and not subject to appeal, and therefore Zelmotor products are permanently prohibited from sale in Ukraine.
The decision of the Supreme Court is available here.
Legal support for the project was provided by Volodymyr Misechko and the firm's attorney Iryna Borysenko.