Jack Daniel’s Lawsuit Filing

Doubinsky & Osharova defended Jack Daniel’s trademark rights.

On May 28, 2020, the Supreme Court upheld the Jack Daniel’s cassation appeal to hold invalid the certificates of Ukraine for «BLACK JACK» and «???? ????» trademarks.

In 2017, the dispute started after Jack Daniel’s filed a statement of claim to the Commercial Court of Kyiv to invalidate the said title documents, basing on earlier registered and world-famous trademark «JACK DANIEL’S». In 2018, the Commercial Court of Kyiv established the similarity of the disputed trademarks and that it could be misleading, and therefore satisfied the plaintiff’s claim.

The Northern Commercial Court of Appeal agreed with these findings but dismissed the lawsuit for the reason the statute of limitations had expired. The Supreme Court ruled that the beginning of the statute of limitations for filing a lawsuit with such a claim could not automatically coincide with the date of publication of the information on the registration of the trademark

The Doubinsky & Osharova team consisted of partners Anton Koval, Victoria Sopilnyak (Picture), attorney-at-law Nikolai Koval and lawyer George Gabeliya worked under the supervision of managing partner Michael Doubinsky.

Involved fees earner: Michael Doubinsky – Doubinsky & Osharova; George Gabeliya – Doubinsky & Osharova; Anton Koval – Doubinsky & Osharova; Nikolai Koval – Doubinsky & Osharova; Victoria Sopilnyak – Doubinsky & Osharova;

Law Firms: Doubinsky & Osharova;

Clients: Jack Daniel’s;