Ilyashev & Partners halted the illegal use of the Red Cross emblem by Ukraine’s largest pharmacy chain
Ilyashev & Partners Law Firm successfully defended the interests of the Ukrainian Red Cross in a case involving the termination of violations related to the illegal use of the Red Cross emblem by Ukraine’s largest pharmacy chain, Med-Service Dnipro LLC.
The largest pharmacy chain in Ukraine illegally used the Red Cross emblem in the operations of more than 400 pharmacies across 100 cities in Ukraine—on their signboards, in advertising materials, and on several websites. The Ukrainian Red Cross has a special humanitarian mandate. Under Ukrainian law and international agreements, the use of an image representing a red cross is permitted only for the Ukrainian Red Cross and its representatives in Ukraine.
To safeguard the interests of the Ukrainian Red Cross, Ilyashev & Partners Law Firm filed a lawsuit seeking to invalidate the Med-Service trademark that incorporates an image resembling a red cross.
The litigation in this case lasted for more than four years. Ilyashev & Partners’ intellectual property team won in all court instances, proving that the pharmacy chain illegally used the Red Cross emblem. The case was finally settled by the Supreme Court, which agreed with the decisions of the courts of previous instances and declared the Med-Service trademark invalid.
This was the first Supreme Court decision in Ukraine’s history to address the issue of the illegal use of the Red Cross emblem. It is extremely important and fundamental, as it establishes a precedent to stop numerous violations of the illegal use of the Red Cross emblem in Ukraine.
The Ukrainian National Office of Intellectual Property and Innovations recorded the invalidity of certificate No. 38130 for the Med-Service trademark in the State Register of Certificates of Ukraine for Trademarks and Service Marks.
Despite this, the pharmacy chain continued to use the Red Cross emblem in its operations without complying with the court decision. Eventually, Ilyashev & Partners Law Firm persuaded the infringing party to cease using the Red Cross emblem and initiate a rebranding process. Med-Service Dnipro LLC’s obligations to cease using the Red Cross emblem are set out in the amicable agreement concluded by the pharmacy chain with the Ukrainian Red Cross.
Attorneys Volodymyr Adonin and Olena Sereda worked on the project under the supervision of Managing Partner Mykhailo Ilyashev. The firm provided legal services to the Ukrainian Red Cross pro bono.