Civil proceedings | Domain dispute | Trademark | WIPO UDRP

2024–2025


Defending a WIPO UDRP domain name decision through three court instances in Ukraine

Client: a Swiss industrial company, trademark owner and prevailing party in WIPO UDRP proceedings. We represented the client as a co-defendant in the civil case.

Challenge

The client’s former distributor had registered a domain name incorporating the client’s trademark in bad faith. In 2017, the WIPO Arbitration and Mediation Centre ordered the domain re-delegated to the client. The former distributor then filed a lawsuit in Ukrainian courts seeking recognition of ownership of the domain name and cessation of the alleged infringement.

Our approach

We built our defence on the WIPO arbitral award confirming the client’s entitlement to the domain and the established bad faith of the original registration. We successfully defended this position through all three levels of the Ukrainian court system – from the trial court to the Supreme Court.

Outcome

The court of first instance dismissed the claim (May 2024). The Court of Appeal upheld the decision (October 2024). On October 8, 2025, the Supreme Court dismissed the cassation appeal, rendering the decision final and unappealable.

Court instances

3

WIPO UDRP

Enforced

Claim against client

Dismissed

Decision

Final

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