Counterfeit Dispute Resolved by Settlement Agreement

Zilver Law Firm assisted a major Indian company — the owner of a trademark registered in Ukraine — in protecting its trademark rights from unauthorized use in connection with the importation of goods into the Ukrainian market.

To protect the client's trademark rights, our lawyers arranged for the trademark to be entered into the Customs Register of Intellectual Property Rights Objects. Subsequently, Odesa Customs suspended the movement across the Ukrainian customs border of goods imported by an unauthorized party.

Following the identification of goods showing signs of infringement of the trademark rights, negotiations commenced between the trademark owner and the importer. As a result of constructive and efficient negotiations, the parties reached an agreement in principle to resolve the dispute.

Zilver lawyers prepared and facilitated the execution of a settlement agreement between the trademark owner and the importer. The agreed terms have already been fully performed by the parties.

The project was led by attorney Yevgen Zarudnyev, who also personally handled the matter from the initial customs registration through to the successful settlement.

This case reflects Zilver's broader work protecting the interests of international businesses — including companies from Asia — operating in the Ukrainian market. It also demonstrates how the timely use of customs mechanisms for the protection of intellectual property rights can prevent potentially counterfeit goods from being moved across the Ukrainian border, and subsequently allow the dispute to be resolved out of court, without lengthy litigation and significant legal costs.

Zilver Law Firm advises and represents clients in matters involving:

— Protection of trademarks and other intellectual property rights

— Protection of IP rights in connection with the importation of goods

— Cooperation with customs authorities

— Pre-litigation resolution of intellectual property infringement disputes