12 November 2023

IPSTYLE attorneys settled a domain dispute in favor of the client in a pre-trial procedure

The client is a pharmaceutical company that is a manufacturer of a popular ophthalmic drug in Ukraine

The client's official representative in Ukraine discovered a website whose domain name used the client's trademark, and the website itself sold the client's goods manufactured for the Polish market.

Upon the client's request, IPSTYLE conducted a video inspection of the infringing website and a test purchase of the goods sold on the website.

As a result of the detailed investigation, IPSTYLE's attorney revealed a number of infringements, including:
1) illegal use of a number of the client's trademarks in the domain name and on the website;
2) placing an offer for sale of goods manufactured for the German market, and the sale itself - of goods manufactured for sale on the Polish market;
3) a number of violations of the legislation on medicines;
4) violations of the language legislation;
5) violations of the legislation on the protection of consumer rights.

A demand was sent to the infringer to cease the infringement of intellectual property rights and all other violations identified by IPSTYLE in the course of the investigation.

Upon consideration of the demand, the infringer immediately ceased delegating the domain name and selling the relevant goods.

This case is a vivid example of a successfully implemented strategy for pre-trial settlement of a dispute and, as a result, termination of the infringement with minimal time and financial costs for the client.

Team

Oksana Padokh Oksana Padokh
Senior IP Lawyer, Litigation and Enforcement Practice, Attorney-at-Law
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