Appeal in Heineken's trademark infringement case rejected
MOSCOW, April 12 - RAPSI. The Moscow District Federal Commercial Court has upheld the appellate court's order to Elitvoda.Ru to pay Heineken Ceska republika $6,700 in damages for infringing its Krusovice trademark exclusive rights.
The court has also rejected Elitvoda.Ru's appeal.
The Ninth Commercial Appeals Court held for the Heineken subsidiary in its lawsuit to recover the 200,000 rubles ($6,700) from Elitvoda.Ru on December 12, 2011.
The appeals court reversed the Moscow Commercial Court's September 20, 2011 judgment dismissing Heinekens 400,000 ruble lawsuit against the defendant.
The trial court stated in its decision that Elitvoda.Ru imported into Russia a shipment of "Krusovice Imperial," "Krusovice Musketur" and "Krusovice Сеrne" beer without obtaining the trademark owner's consent.
Earlier, Heineken subsidiary's lawyer Vladimir Dmitriyev said that under Russian law only trademark owners are authorized to import trademarked goods listed in the Customs IP Registry. Otherwise, the customs office must arrest the shipment.
Heineken told the court that the beer imported by Elitvoda.Ru is of an original quality, but it never allowed the defendant to import it into Russia.
Heineken is a Dutch brewer founded in 1863. Its subsidiaries in Russia include Heineken Brewery, St. Petersburg's Stepan Razin Brewery and other companies.