Dispute related to use of commercial name «Legal Alliance» is settled
On July 08, Kyiv Economic Court of Appeal completed the dispute related to the name and trademark «Legal Alliance» between two highly rated legal companies.
Legal Alliance Company as a claimant began to use the commercial name Legal Alliance in 2003. In 2005, the same-name trademark for products and services was registered.
However, in 2007, existence of another legal company become known in the legal services market, whose name includes the words "Legal Alliance". This company is also a famous market player and is included in the annual rating of Legal Practice Publishing House. Ukrainian Legal Alliance LLC (ELC legal successor) is referred to.
Since ELC company has changed its name into Ukrainian Legal Alliance, there were several cases, when clients applied to legal companies for explainations on the fact of conflict of interests.
Unfortunately, at that moment, the parties were unable to settle the dispute.
Since 2007, the case related to use of the commercial name "Legal Alliance" has been examined by Kyiv Economic Court.
Only at the stage of appeal proceedings, the parties found common ground and decided to come to an arrangement. Yet, they encountered problems in the procedural legislation, in particular, impossibility of amicable settlement at the stage of appeal proceedings, as this would have involved cancellation of the resolution of the court of original jurisdiction, which is allowed exclusively based on Article 104 of the Economic Procedural Code of Ukraine.
In order to close the judicial dispute, the parties signed a memorandum reflecting each party's compromises, which were later implemented.
Main terms of the memorandum were:
- Change of the name «Ukrainian Legal Alliance» within the term stipulated by the parties;
- Withdrawal of appeal;
- Waiver of further appeal;
- Waiver of enforcement of the court's decision.
Consequently, the conflict with regard to use of commercial name «Legal Alliance» has been settled.
