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Sayenko Kharenko Successful for Sistema Prosecco Before Supreme Court

Sayenko Kharenko Successful for Sistema Prosecco Before Supreme Court

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Sayenko Kharenko, working with the Italian office of Bird & Bird, has successfully represented Sistema Prosecco before the Supreme Court of Ukraine in an unfair competition case over a Ukrainian wine producer using the Prosecco brand for its wines.

According to Sayenko Kharenko, “although the Antimonopoly Committee of Ukraine ruled in favor of Sistema Prosecco, protecting the original Italian producers of sparkling wine, the court of appeal did not recognize this decision as lawful. Nevertheless, after several attempts, the Supreme Court canceled the court of appeal’s decision and ruled in favor of Sistema Prosecco. The Supreme Court considered evidence in favor of Sistema Prosecco, including consumer surveys on the possibility of confusing the product of Niva with the original Italian brand.”

According to the firm, “the Supreme Court prioritized consumer surveys over IP expert examination in cases related to unfair competition. As a result, the prohibition on the use of Prosecco imposed on NIVA by the Antimonopoly Committee of Ukraine remains in force. The respective decision is final and may not be appealed.”

Sayenko Kharenko’s team was led by Partner Yaroslav Ognevyuk and included Senior Associate Pavlo Kovalchuk, Associates Khrystyna Ivanytska and Natalia Gorodetska, and Junior Associates Danyila Zubach and Anastasia Rotaienko. 

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Our aim is to be the firm of choice for large businesses and financial institutions in respect of their most important and challenging transactions.

We build lasting relationships with our clients and make them feel secure in new uncertain economic and legal realities.

We incorporate the most advanced Western legal techniques and practices into our work. By adding our first-hand knowledge, broad industry experience, and unparalleled level of service we deliver the best results to our clients in their business endeavours. Our partners are taking an active role in every transaction and ensure smooth teamwork.

AVELLUM is recognised as one of the leading law firms in Ukraine by various international and Ukrainian legal editions (Chambers, The Legal500, IFLR1000, The Ukrainian Law Firms, and others).

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