The Canadian business smartphone manufacturer BlackBerry Limited is the IPStyle’s client.
The client was sued by the Ukrainian energy company DTEK Holdings Limited, which claimed that BlackBerry Limited infringed on the trademark “D.TEK” in the names of BlackBerry DTEK50 and BlackBerry DTEK60 smartphones and that such smartphones were sold in Ukraine. The claimant asked the court to order our client to stop infringing his intellectual property rights for the trademark in Ukraine.
We analyzed the claims made by DTEK and developed the position regarding their groundlessness by proving that our client did not manufacture, supply and sell BlackBerry DTEK50 and BlackBerry DTEK60 smartphones in Ukraine, including the sales to another defendant. In addition, we have proved that the plaintiff’s evidence does not confirm the fact of using the TM “D.TEK” by Blackberry on the territory of Ukraine.
During court hearings we repeatedly pointed out that Blackberry has no control over and cannot influence the sales of old models of the said phones by third parties.
As a result, our defense strategy worked and the client’s interests were defended in court.