The client was sued by the Ukrainian energy company DTEK Holdings Limited, which claimed that BlackBerry Limited infringes the right of DTEK Holdings Limited to TM "D.TEK" in the names of smartphones BlackBerry DTEK50 and BlackBerry DTEK60 and that such smartphones are sold in Ukraine. The plaintiff asked the court to oblige our client to stop infringement of its intellectual property rights to the trademark on the territory of Ukraine.
We analyzed the claims of DTEK and formed the position of BlackBerry on their groundlessness by proving that our client does not manufacture, supply and sell BlackBerry DTEK50 and BlackBerry DTEK60 smartphones in Ukraine, including the sale to the second defendant. In addition, we proved that the plaintiff's evidence does not confirm the fact of using the TM "D.TEK" by client on the territory of Ukraine.
We have repeatedly noted in litigation that Blackberry has no control over, and cannot influence, the sales of older models of said phones by third parties.
As a result, our legal defense strategy worked, and our client's interests were defended in court.