The Court of Appeal in Kyiv has upheld the decision of the Economic Court of the Chernihiv region to reject the claim of the DTEK energy holding regarding the alleged use of the trademark D.TEK that it filed against the Canadian Blackberry Ltd and the Ukrainian co-defendanе—individual entrepreneur Oleksandr Antonenko.
As the publication ain.ua reports, the Court of Appeal decision has already entered into force, but DTEK has the right to file a cassation until April 13, 2021.
According to the managing partner at Glagos, who represented the interests of Antonenko, Dmytro Shapoval, the court put an end to this case. The managing partner at IPStyle, who represented the interests of Blackberry in Ukraine, Mariia Ortynska, in turn stated that the court refused to satisfy the claim, since Blackberry did not import, did not sell or did nothing in order to sell phones with the designation D.TEK in the country.
"The fact that someone as an individual entrepreneur brings models intended for other markets to Ukraine through unofficial channels does not in any way affect the actions and responsibility of the manufacturer," she said.
Context. Earlier, wrote that in February 2019, DTEK filed a lawsuit against Blackberry and Antonenko. The company said that Blackberry violates the holding's right to the D.TEK brand in the names of BlackBerry DTEK50 and BlackBerry DTEK60 smartphones and sells them in Ukraine.
DTEK demanded that BlackBerry not violate the rights to the trademark and stop using it by any means, and that Antonenko should eliminate and destroy all goods of this brand. But in November, the court did not support DTEK's claims.