DEGA Partners Attorneys’ Association successfully defended in court the interests of a foreign manufacturer (United Kingdom) of food for children with phenylketonuria in a business reputation case.
A foreign company that owns a trademark had to go to court to protect its business reputation after a printed publication containing false negative information about products sold under the Plaintiff’s trademark was distributed at a conference among a wide range of people.
What made this dispute exceptional was that the individuals named as the authors of the publication denied their authorship during the trial, while there was no information at all about the publisher or the person responsible for printing it.
Among other things, the attorneys of DEGA Partners successfully relied on the copyright presumption of authorship, under which authorship is deemed legally valid until proven otherwise, and proved in court that the substantive presumption of the defendants’ authorship applied.
As a result, the court upheld the legal position of the DEGA Partners attorneys in this dispute and recognised the information in the printed publication as:
- false, negative and damaging to the business reputation of the non-resident legal entity;
- disclosed together with statements discrediting the products made under the trademark owned by the foreign company.
By the court decision, the Defendants are obliged to:
- refute the information contained in the printed publication by publishing, within 5 business days, the full text of the court decision under the heading «REFUTATION» on the home page of the Defendant’s website and on its Facebook page.
The Defendants are also prohibited from distributing the printed copies of the publication in any way and from reprinting it until the violated non-property right of the non-resident legal entity is restored.
The project team: Senior Partner, attorney Kostyantyn Gamkrelidze and Litigation attorney Kateryna Dordochkina.
We congratulate our Client on the restoration of its violated right!
