A client contacted IPSTYLE after an entrepreneur ignored an attorney’s request for information about goods that potentially infringed the client’s intellectual property rights. Without this information, it was impossible to identify the supplier and manufacturer of the products and effectively protect the rights holder’s interests.
Before preparing the claim, the IPSTYLE team analyzed relevant court practice regarding obligations to respond to attorney’s requests and the prospects of court protection in similar disputes. This helped us build a legal strategy based on current court approaches and choose the most effective way to protect the client’s interests.
The IPSTYLE team prepared and filed a claim with the commercial court, asking the court to oblige the defendant to respond to the attorney’s request in accordance with the Law of Ukraine “On the Bar and Legal Practice”.
During the court proceedings, the defendant finally provided the requested response. After that, we filed a motion to close the case due to the absence of a dispute. The court agreed with the parties’ position, closed the proceedings, and ordered the return of the court fee to the claimant.
Result
- (1) the client received information that made it possible to identify the necessary details;
- (2) the client’s right to receive a response to the attorney’s request was successfully enforced;
- (3) the client saved costs thanks to the return of the court fee.
This case shows that ignoring an attorney's requests may lead to procedural consequences, and that court proceedings can be an effective tool for obtaining information needed to protect intellectual property rights.
