Successful defence of intellectual property rights of B&B Trends (Spain), the owner of the Zelmer trademark

On 24 April 2024 the North-West Economic Court of Appeal by its Resolution upheld the Decision of the Economic Court of Vinnitsia region, which satisfied the claims of B&B Trends (Spain) against Zelmotor LLC on termination of violation of intellectual property rights.

In accordance with the Decision of the North-West Economic Court of Appeal, Zelmotor trade mark products are prohibited for sale in Ukraine, it is also prohibited to offer such products for sale and in any other way to introduce them into civil turnover.

The Economic Court of Vinnitsia region and subsequently the North-West Economic Court of Appeal concluded that the designations «zelmotor», «zelmotor professional» contained on the website https://zelmotor.com.ua with images of household appliances labelled with the designations «zelmotor», «zelmotor professional» are similar to such an extent that they can be confused with the registered trademarks of Zelmer, the effect of which extends to the territory of Ukraine for the same and related goods and services, and such designations are such that may mislead consumers as to the person producing the goods or providing the service.

Legal support was provided by Volodymyr Misechko and Irina Borysenko, a lawyer of the firm.