The law firm “Ilyashev and Partners” successfully defended the interests of the Red Cross Society of Ukraine in the case regarding the illegal use of the Red Cross emblem in the activities of the Kyiv network of medical centers. This was reported by the press service of Ilyashev and Partners.
The network of medical centers used a trademark in its activities, the element of which was the image of red color, which is an imitation of the emblem of the Red Cross. The network of medical centers placed the trademark on the signs of the centers, on the website, and also used it in advertising and documentation.
The emblem of the Red Cross is an image of a red cross on a white background. The use of the Red Cross emblem is strictly prohibited and is a violation of current Ukrainian legislation and the Geneva Conventions, which are part of the national legislation of Ukraine.
The emblem of the Red Cross provides protection to victims of armed conflicts, medical services of the armed forces and employees of humanitarian organizations.
Any misuse of the emblem may weaken its protective function for medical and spiritual personnel of the armed forces and impair the effectiveness of battlefield relief operations for those who need it.
The intellectual property practice team of “Ilyashev & Partners” agreed with the management of the network of medical centers to voluntarily stop the violations and conclude a settlement agreement.
Among other commitments, the chain of medical centers has pledged to stop using a trademark that imitates the emblem of the Red Cross and to carry out rebranding. On July 25, 2023, the Commercial Court of Kyiv approved the settlement agreement and closed the proceedings.
Legal services to the Red Cross Society of Ukraine were provided by the firm “Ilyashev and Partners” pro bono (free).
The Red Cross Society of Ukraine has the exclusive right to use the emblem. The Red Cross of Ukraine has a special humanitarian mandate and carries out its activities in Ukraine on the basis of the Laws “On the Red Cross Society of Ukraine” and “On the Symbolism of the Red Cross, Red Crescent, Red Crystal in Ukraine”.
Previously, the law firm “Ilyashev and Partners” defended the Red Cross emblem in the Supreme Court in a dispute with one of the largest pharmacy chains in Ukraine, which illegally used the Red Cross emblem.
This was the first decision of the Supreme Court in the history of Ukraine, in which the issue of illegal use of the Red Cross emblem was considered.