Korvalol-Darnitsa defended itself against Farmak
The Supreme Court made a final decision in favor of the pharmaceutical company “Darnitsa”, which argued with another pharmaceutical giant – the company “Farmak” over the trademark “Corvalol Corvalolum”, writes business.
By their verdict, the judges canceled the decision on the recognition by Farmak of the Corvalol Corvalolum trademark, which is well known in Ukraine.
“The Supreme Court in an expanded panel agreed with our arguments in favor of the illegality of the decision of the Appeals Chamber and canceled the decision of the Court of Appeal, which was in favor of our opponent”, said Darnitsa’s lawyer, Aequo partner Tatiana Kudritskaya.
She added that this is an important precedent for Ukrainian jurisprudence, as discretionary powers should not be used arbitrarily by public authorities and based on contradictory or irrelevant arguments.
In June last year, the Supreme Court already considered a complaint by Darnitsa against Farmak’s attempt to cancel the registration of the Corvalol-Darnitsa trademark on the basis that the Corvalol Corvalolum designation had the status of a well-known brand at that time. Then the highest court also ruled in favor of Darnitsa.
The dispute between Darnitsa and Farmak has been going on since at least 2004, when Farmak claimed that it had exclusive rights to Corvalol.
Since that time, the Darnitsa company has consistently defended the right to its own trademark through the courts of various instances.
In 2011, and then in 2019, the court confirmed the company’s right to own the Korvalol-Darnitsa trademark, putting an end to the opponent’s baseless attempts to block the use of its trademark by Darnitsa.
DOSSIER: Zhebrovsky-Zhebrivsky. Medicine, drugs, politics
