A good example that Ukrainian authorities are now pursuing actively violations of trademarks and copywright is the case that the offical importer of Mercedes-Benz to Ukraine won, AvtoKapital in Kyiv who has 19 Mercedes dealerships in major cities of Ukraine. The company Unikom Avto in Kyiv was violating the Mercedes brand name by illegal using the logo and name for their company and products. The Anti-Monopoly Committee of Ukraine however ruled in favor of Mercedes-Benz and Unikom Avto had to stop violating the MB Star.
Good to see that international law works in Ukraine and that the authorities take swift matter, but who wants to get in trouble with Mercedes-Benz the best car maker in the world. Hmm, perhaps a link here after all, the streets of Kyiv are just overcrowded by black Mercedes-Benz S600s AMG, G55, and SL 63 not to mention the occasional Mayback. Mercedes-Benz have done an excellent sales job in Kyiv and no one will mess with their Star after this. All politicians and lawmakers appear to favor this car brand on the home front too. That said, AvtoKapital is a great company bringing the best of Germany to Ukraine, but as they say, the cars are not perfection but luxury. So don't complain if it breaks down.
Source:
http://www.amc.gov.ua/amc/control/en/publish/article;jsessionid=E8A562092EA3210CA80786AA8DF11B89?art_id=44940&cat_id=44936&search_param=supplier&searchPublishing=1 The Antimonopoly Committee of Ukraine considered the application of the Open Joint-Stock Company “Avtokapital” (c.Kyiv) – general representative of the Joint-Stock Company “DaimlerCrysler AG” (Germany) about features of unfair competition in the actions of the Limited Liability Company “Unikom Avto” (c.Kyiv) in the form of unlawful usage of marks for the "MERCEDES-BENZ" goods and services and figurative "MERCEDES-BENZ logo", what may lead to mixing with the Applicant's activity, who has the priority for its usage.
Beginning from May of 2002 the OJSC “Avto Kapital” carries out realization of the cars of the trade mark "MERCEDES-BENZ" and component parts, produced by the JSC “DaimlerCrysler AG” (Germany), which contain marks for goods and services "MERCEDES-BENZ” (in the view of marking) and figurative "MERCEDES-BENZ logo" (in the view of ordinary graphical figure of Y-networks inside the double circle within the three-dimensional space), which were registered in Ukraine. Besides, the OJSC “Avtokapital” provides technical servicing, reparation and diagnostics of the cars, in particular, the "MERCEDES-BENZ" cars.
The JSC “DaimlerCrysler AG” is the world-famous producer of the "MERCEDES-BENZ" cars, which are being realised in the various countries of the world.
In accordance with the agreement of May 10, 2002 the Joint-Stock Company “DaimlerCrysler AG” appointed the Applicant within the territory of Ukraine to be the only distributor and supplier of the "MERCEDES-BENZ" cars, manufactured by the Joint-Stock Company “DaimlerCrysler AG” with application of marks for the "MERCEDES-BENZ" goods and services and figurative "MERCEDES-BENZ logo" and allowed the Applicant to use the mentioned marks for goods and services.
Mentioned marks for goods and services are used by the Applicant on the blanks, financial documents, advertisement materials, in the course of presentation of the new car makes of the mark "MERCEDES-BENZ".
The main direction of activity of the LLC “Unikom Avto” is provision of reparation services of the cars of the mark "MERCEDES-BENZ". As it was informed by the LLC “Unikom Avto”, the marks for goods and services "MERCEDES-BENZ" and figurative "MERCEDES-BENZ logo" have been applied by the company on the blanks, informational bulletins, advertisement, signboard by the entrance to the station of technical servicing since the year 2004 only for the purpose to inform the clients about the fact, that only the "MERCEDES-BENZ" cars are serviced by the LLC “Unikom Avto”.
Taking into consideration, that the marks for the "MERCEDES-BENZ" and “Mercedes-Benz“ goods and services as well as the figurative "MERCEDES-BENZ logo" are world-famous, the consumer will perceive the LLC “Unikom Avto”, which uses in its economical activity the mentioned marks for goods and services as the official representative of the manufacturer, what under some conditions, may lead to mixing with activity of the Applicant.
The Committee gave the LLC “Unikom Avto” the recommendations not to carry-out the actions, which may negatively influence on competition and take steps, directed to prevention of breaches of legislation on protection from unfair competition, namely: to exclude all marks for the "MERCEDES-BENZ" and “Mercedes-Benz“ goods and services as well as the figurative "MERCEDES-BENZ logo" from the signboard on the building of the auto service of the LLC “Unikom Avto”, from the blanks and other business documentation, from advertisement booklets, seals, from the company work wear, from the information, scattered on the web-sites
www.unicom.ua,
www.Jnicom.com.ua in the Internet.
