The Kyiv City Commercial Court has ruled in a high-profile case between Elon Musk’s SpaceX corporation and Kyiv-based Starlink LLC. The court partially satisfied the American company’s claim, depriving the Ukrainian company of its monopoly on the name in the field of telecommunications and satellite communications.
The Kyiv City Commercial Court has ruled in a high-profile case between Elon Musk’s SpaceX corporation and Kyiv-based Starlink LLC. The court partially satisfied the American company’s claim, depriving the Ukrainian company of its monopoly on the name in the field of telecommunications and satellite communications.
The legal proceedings have been ongoing since October 2022. SpaceX Corporation filed a lawsuit against the Ukrainian LLC «Starlink» of Kyiv resident Serhiy Dulytsky and the Ukrainian National Intellectual Property Office (UKRNOIVI).
The reason is simple: the Ukrainian company registered the trademark «StarLink» back in 2011. Because of this, SpaceX was refused to register its own brand of the same name for satellite Internet in Ukraine. The Americans demanded early cancellation of the Ukrainian certificate (classes 37, 38 and 42 of the MKTP), arguing that Starlink LLC has not used the brand for most of the declared services for more than 5 years.
The case even reached the Supreme Court, which returned it to the court of first instance for a new trial.
The judge examined in detail the evidence of the activities of Kyiv-based Starlink LLC (contracts, acts, invoices) and reached a compromise decision:
What won the Ukrainian LLC «Starlink»: The company proved that it really provides IT outsourcing services under this brand. Therefore, the court left them the right to the TM in narrow categories: repair and installation of computers, electrical appliances and telephones, cartridge refilling, installation of security alarms, rental of servers and software, hosting and creation of websites.
What SpaceX won: The court invalidated the trademark of a Ukrainian LLC for a huge list of other services that the company de facto does not engage in. The trademark was invalidated for hundreds of activities: from SpaceX’s direct profile (satellite communications, telecommunications, internet provisioning) to completely irrelevant services that were in the certificate (asphalting roads, laundry, shoe repair, pest control, etc.).
This is a strategic victory for SpaceX. Although the lawsuit was only partially granted, the court cleared the most important thing for the American company — the legal path in the field of communications.
The documents confirm that Starlink LLC was not included in the register of telecommunications providers and operators, and therefore did not provide such services. Now, the cancellation of the Ukrainian TM in class 38 («Telecommunication services») and partially 42 («Scientific and technological services») will allow SpaceX to register its trademarks — «SPACEX STARLINK» and «Starlink by SpaceX» — without obstacles and legally operate under this brand in Ukraine.
But it could still be overturned. After all, the parties have 20 days to file an appeal.
According to the new decision, Ukrainian LLC Starlink must pay SpaceX:
UAH 2,481 — compensation for the fee for filing a claim;
7,443 UAH — for an appeal;
UAH 4,962 — for the cassation appeal. Total: UAH 14,886.
An interesting nuance from the past that is worth knowing: The document mentions that in 2023, when the courts of first instance denied SpaceX, the Ukrainian company demanded (and the courts agreed) to charge the Americans huge amounts for their lawyers: UAH 480,000 and UAH 240,000 for legal assistance, plus UAH 60,000 for an examination.
However, at the end of 2023, the Supreme Court overturned those decisions.
