Sayenko Kharenko, working with the Italian office of Bird & Bird, has successfully represented Sistema Prosecco before the Supreme Court of Ukraine in an unfair competition case over a Ukrainian wine producer using the Prosecco brand for its wines.
According to Sayenko Kharenko, “although the Antimonopoly Committee of Ukraine ruled in favor of Sistema Prosecco, protecting the original Italian producers of sparkling wine, the court of appeal did not recognize this decision as lawful. Nevertheless, after several attempts, the Supreme Court canceled the court of appeal’s decision and ruled in favor of Sistema Prosecco. The Supreme Court considered evidence in favor of Sistema Prosecco, including consumer surveys on the possibility of confusing the product of Niva with the original Italian brand.”
According to the firm, “the Supreme Court prioritized consumer surveys over IP expert examination in cases related to unfair competition. As a result, the prohibition on the use of Prosecco imposed on NIVA by the Antimonopoly Committee of Ukraine remains in force. The respective decision is final and may not be appealed.”
Sayenko Kharenko’s team was led by Partner Yaroslav Ognevyuk and included Senior Associate Pavlo Kovalchuk, Associates Khrystyna Ivanytska and Natalia Gorodetska, and Junior Associates Danyila Zubach and Anastasia Rotaienko.