Practical lesson 5

The Antimonopoly Committee of Ukraine has received a statement from “Modus”, a private joint-stock company, about the misuse of its corporate name by a limited liability company “Modus+”.

“Modus” PJSC was found to have its name at the time of its state registration as a business entity on November 26, 2018 and specializes in wholesale office paper.

“Modus+” LLC was registered as a business entity on February 20, 2019 and specializes in retail paper office paper. Its founder before registration was an employee of PJSC “Modus” and at registration knew well about the existence of the company of the same name and its specialization.

How should this situation be qualified? Are there any violations in the actions of the founder of “Modus+” LLC? What authority should decide the case?