Domain dispute

UA DRP domain dispute: exposing post-complaint content changes as bad faith

Details

Challenge

An individual registered a domain name in the Ukrainian ccTLD incorporating the client’s trademark and used it for commercial sale of automotive parts. Upon receiving a cease-and-desist letter, the registrant converted the website into an automotive news portal, attempting to create the appearance of non-commercial, legitimate use.

Outcome

The WIPO Centre granted the complaint and ordered transfer of the domain name to the client. The artificial post-demand content change was treated as further evidence of bad faith, not as grounds for recognizing legitimate use. This reinforces protections for iconic brands against opportunistic domain registrations in Ukraine’s ccTLD.

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Trademark

Criminal prosecution of counterfeit trademark goods: manufacturing and distribution

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Challenge

An individual had set up an illegal paint manufacturing operation in Kyiv, applying the client’s registered trademark to locally produced products and selling counterfeits through multiple e-commerce websites. The potential damages from the planned distribution exceeded twenty non-taxable minimum incomes, qualifying the case as significant material damage under Art. 229 of Ukraine’s Criminal Code.

Outcome

The court approved the reconciliation agreement. The defendant fully acknowledged guilt, reimbursed actual damages, and paid compensation for legal and IP protection costs. A criminal fine was imposed. The defendant undertook to respect the client’s IP rights for the entire duration of their validity.

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Trademark

Madrid Protocol registration: taking a Ukrainian brand to 13 European markets

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Objective

The client planned to enter European markets with a range of vegan confectionery products. Trademark protection was needed across multiple jurisdictions while optimizing costs. Germany and Poland were identified as priority markets, with subsequent expansion to other EU countries and the uk.

Outcome

Final registrations were received across all designated jurisdictions by May 2025. The client’s trademark is now protected in 13 European markets. The phased approach allowed optimal resource allocation while building a robust IP portfolio for future growth in the health food sector.

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