LEGO demanded more than €110,000 from Ukrainian FOPs for legal costs due to counterfeiting

BusinessBy: Редакція ФінансистAugust 21, 20264 min read
LEGO demanded more than €110,000 from Ukrainian FOPs for legal costs due to counterfeiting

How LEGO discovered the sale of fakes

The lawyers of the Danish corporation conducted control purchases in February and May 2024. After that, the company appealed to the Commercial Court of Odesa region with demands to stop selling counterfeit products.

The defendants in the case were the FOP Frosina, FOP Olga and Petro Reznichenko, as well as LLC "Trading Company "Union Group"" from Ovidiopol.

LEGO claimed that the entrepreneurs were selling products that illegally used the company's trademark.

The court banned the sale of fakes

The court of first instance agreed with the rights holder's demands.

Entrepreneurs banned the further sale of counterfeit constructors, and it was decided to remove and destroy the detected counterfeit products.

In addition, the court ordered to recover from the defendants 7,225 UAH of income, which they received from the sale of illegal products.

However, LEGO's biggest financial claim was not the losses from the sale of fakes, but compensation for attorneys' fees.

LEGO spent €110,000 on lawyers

Back in the summer of 2024, LEGO signed an agreement with the Ukrainian Bar Association "Sayenko Kharenko".

From August 2024 to January 2026, the legal company exhibited LEGO 16 accounts for a total of €110,057.5.

At the then exchange rate, it was approx UAH 5.5 million.

Representatives of LEGO said that such costs were related to the complexity of the legal process. According to them, the defendants submitted numerous motions, objections and other documents, due to which the lawyers had to perform a significant amount of work.

The lawyers also emphasized the international importance of the case to protect the reputation of the LEGO brand.

Why did the court not recover 5.5 million hryvnias

Ukrainian entrepreneurs did not agree with the size of the declared expenses.

They indicated that €110 thousand is a disproportionate amount compared to the subject of the dispute and the actual financial result of the illegal trade, which the court estimated at only UAH 7,225.

The court only partially agreed with LEGO's claims.

At the same time, the court recognized that the lawyers actually provided legal services, but decided that the declared cost of these services was overstated.

What amount was determined by the court

During the assessment of costs, the court separately determined the cost of the main procedural actions.

The court determined the preparation and filing of claims 10 thousand hryvnias.

The preparation of responses to objections was evaluated by 6 thousand hryvnias, and explanations and objections — in 3 thousand hryvnias.

The court adjourned for the preparation of other statements and motions 15 thousand UAH.

Yet 18 thousand UAH was determined for the participation of lawyers in 18 court sessions held from October 2024 to January 2026.

As a result, instead of the declared ones €110,057.5 the court recognized as justified the costs of legal assistance only at the level 42 thousand UAH.

Entrepreneurs must pay for the examination separately

The financial obligations of the defendants did not end there.

Ukrainian FOPs also have to compensate for the costs of examination of counterfeit designers. Its cost was about 52 thousand UAH.

That is, the total amount determined by the court before compensation for legal and expert costs is significantly less than LEGO's initial demand, but it still significantly exceeds UAH 7,225 of income that the entrepreneurs received from the sale of fakes.

The Supreme Court put an end to it

The case was eventually considered Supreme Court, which upheld the final verdict.

Thus, LEGO did not receive the claimed €110,000 in compensation for the lawyers' work. The court recognized only part of the costs as justified — 42 thousand UAH, and also close UAH 52,000 for the examination.

The verdict of the Supreme Court is final and is not subject to further appeal.

Why this case is important for Ukrainian business

This process shows that the sale of counterfeit products in Ukraine can result in not only the seizure of goods and loss of revenue for entrepreneurs.

The right holder can demand termination of use of the trademark, destruction of counterfeits, compensation and reimbursement of court costs.

At the same time, the decision demonstrates another important point: even if the right holder actually spent a significant amount on legal support, the court is not obliged to automatically transfer all the declared costs to the defendant. Their reasonableness and proportionality are assessed separately.

In this case, the difference was particularly revealing: LEGO claimed about €110,000 in attorneys' fees, but the court found only UAH 42,000 reasonable.

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LEGO demanded more than €110,000 from Ukrainian FOPs for legal costs due to counterfeiting | Finansist