DTEK sues BlackBerry for the brand: all products in Ukraine are demanded to be destroyed

DTEK, an energy company of Rinat Akhmetov, sues a well-known smartphone manufacturer, Canadian BlackBerry Ltd, concerning their use of the D.TEK brand in Ukraine. This is reported by Liga.net with a reference to recent court decisions on this matter.

What happened?

On February 1, this year DTEK filed a petition to the Economic Court of Chernihiv region. The co-defendant was a private entrepreneur Oleksandr Antonenko.

The company demands BlackBerry to stop violating their rights to D.TEK trade mark “by stopping its use by all available means,” namely through export, import, storage, advertising and sale.

The entrepreneur is required not only to stop using the trade mark, but to exclude from turnover and destroy all the goods of this brand that are in stock (mobile phones, covers, accessories).

What is the reason?

The claimant bases the demand that BlackBerry violates its rights, because the company uses in its smartphones BlackBerry DTEK50 and BlackBerry DTEK60 a sign for goods and services, which is similar to DTEK so much that they can be confused.

The source reports that BlackBerry does not have a registered certificate for such brand in Ukraine. However, the company has registered TM according to the international classification of brands. Though, DTEK registered the same TM three years earlier (in a different class of goods).