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Commercial Litigation Weekly Calendar (March 26 - 30)

09:46 26/03/2012

Monday, March 26

INSURANCE

ROSNO vs Infrassure Ltd

Moscow District Federal Commercial Court

Swiss Infrassure challenged lower-court judgments awarding ROSNO insurance company 684.13 million rubles ($23.5 million) in reinsurance recovery, expenses and interest.

ROSNO insured RusHydro's property in 2008, including the Sayano-Shushenskaya hydropower plant. The insurer then reinsured its own risks with foreign companies. It entered into a reinsurance contract with Infrassure in January 2009.

The hydropower plant collapsed in 2009. ROSNO acknowledged its liability for the accident in February 2010, and paid $199.95 million in compensation. In turn, ROSNO appealed to Infrassure for indemnification through its reinsurance policy. However, the reinsurer paid only $11.4 million out of the $34 million to be paid under the reinsurance contract.

Infrassure's counterclaim in which Swiss insurer sought to recover $11 million from ROSNO in unjustified enrichment was dismissed.

CONTRACTUAL OBLIGATIONS

Sodexim vs Finance Ministry

Moscow Commercial Court

Sodexim company claims it suffered losses as a result of the Russian-Algerian debt settlement and seeks $56.5 million from the Finance Ministry. Earlier the court held in favor of Sodexim, which is determined to collect the "remaining sum".
Former Deputy Finance Minister Sergei Storchak managed the debt repayment to Sodexim. In November 2007, he was charged with organizing a group that sought to embezzle federal budget funds under the pretense of compensating Sodexim for its losses. Investigators dropped the charges against him in February 2011.

Tuesday, March 27

INTELLECTUAL PROPERTY

Russian Alcohol Group vs Patent service

Moscow Commercial Court

Russian Alcohol Group is challenging the patent service's denial of the Russian Alcohol trademark registration.

The Federal Service for Intellectual Property, Patents and Trademarks' (Rospatent) refused to register the brand as it is confusingly similar to the "Russkaya" ("Russian") and "Russkaya Vodka" ("Russian Vodka") trademarks.

The Russian Alcohol Group is a major strong alcohol beverage producer in Russia. It is fully owned by the CEDC, one of the largest vodka producers and distributors in Poland.

INTELLECTUAL PROPERTY

Philip Morris vs Patent service

Moscow Commercial Court

International tobacco company Philip Morris is challenging the patent service's refusal to register its trademark because of its similarity with a trademark of another tobacco giant BAT Russia.

Wednesday, March 28

DEFAMATION

Auchan retail group vs News Media

Moscow Commercial Court

The lawsuit centers upon the article about the tragedy in a Moscow family where two girls - four and seven years old - reportedly died after the entire family got poisoned with food bought at the Auchan store.

Friday, March 30

ADMINISTRATIVE LAW

National Reserve Bank (NRB) vs Transport watchdog

Moscow Commercial Court

National Reserve Bank (NRB) has filed an application to quash the watchdog's decision to revoke Kavminvodyavia's (KVM) operator license.

National Reserve Bank is KVM's creditor.

The largest air carrier in the North Caucasus, Kavminvodavia was set to wind up work as part of its reorganization and assets transfer to Aeroflot in October 2011, but its operator certificate was revoked as the airline no longer met its financial and economic standards and had to cease operations on September 28.

INTELLECTUAL PROPERTY

Tekhnoservice vs Playboy Enterprises

Moscow Commercial Court

The plaintiff seeks the early termination of the Playboy trademark's legal protection in Russia. Ufa-based company claims that the defendant, world known men's magazine Playboy publisher, is not using its right to the trademark to produce condoms and lubricants like it ought to.

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