Aequo Secures Supreme Court Victory in "Polyana Kupel" Trademark Case

Aequo has successfully represented a major Ukrainian mineral water producer and the owner of the "Polyana Kupel" trademark portfolio. This case forms part of the client’s consistent brand protection strategy for its mineral water brand. 

The dispute concerned the invalidation of another producer’s trademark that was similar to Aequo’s client’s trademarks. 

On 14 April 2026, the Supreme Court dismissed the opponent’s cassation appeal, upheld the decisions of the lower courts, and supported Aequo's legal position. 

The courts established several important legal findings: 

• In disputes of this nature, it is necessary to prove the specific circumstances relating to the claimed grounds for a trademark’s non-compliance with the legal protection requirements. 

• The Supreme Court also confirmed that "what matters is the very likelihood of confusion between the disputed trademarks, which is sufficient to establish that a trademark does not meet the requirements for legal protection". 

"Given the inherent distinctive qualities of mineral water sold under the "Polyana Kupel" trademark, the unlawful use of similar designations requires careful monitoring and timely response", said Nataliya Dryuk, Partner at Aequo. 

The Aequo project team included Nataliya Dryuk, Daria Romashchenko, Yeva Babenko, Olha Klochko, and Sofiia Matyukha.