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Commercial Litigation Weekly Calendar (May 28 - June 1)

09:50 28/05/2012

Monday, May 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. The lawsuit was filed against News Media, the founder of the popular website which published the article.

CIVIL LAW

Vesta Investment Company vs Yukos Capital S.a.r.l.

Moscow Commercial Court

Vesta investment company, Rosneft shareholder, is seeking to invalidate four loan contracts worth $377.03 million between Luxemburgs Yukos Capital S.a.r.l and Yuganskneftegaz. According to Vesta, the loans in dispute were issued to Yuganskneftegaz, former YUKOS subsidiary taken over by Rosneft, in breach of law.

Tuesday, May 29

ADMINISTRATIVE LAW

Jehovahs Witnesses administrative center vs Watchdog

Moscow District Federal Commercial Court

Russian watchdog (The Federal Service for Supervision of Communications, Information Technology and Mass Media) banned the distribution of the Awake! and Watchtower magazines, published by Jehovahs Witnesses, in Russia. Some of the published stories were found extremist. The plaintiff seeks to cancel the ban.

DEBT RECOVERY

Investbank vs Air Baltic Corporation (airBaltic), Baltijas aviacijas sistemas

Moscow Commercial Court

Investbank has filed three lawsuits amounting to a total of 17.4 million euros against Latvian national airline Air Baltic Corporation (airBaltic) and Baltijas Aviacijas Sistemas (BAS). The bank is seeking to recover the debt resulting from loans issued.

Investbank was founded in the city of Kaliningrad in 1989. A multi-purpose bank serves over 20,000 companies and over 200,000 private individuals in 84 cities and towns

in the Russian Federation.

Air Baltic Corporation (airBaltic) is a joint stock company, founded in 1995, according to the companys web site. The Latvian government holds 99.8 percent of the company shares. In 2011 airBaltic served over 3.3 million passengers and has over 34 planes.

INTELLECTUAL PROPERTY

Business Invest Group Holding vs A.G. Barr p.l.c.

Moscow Commercial Court

The plaintiff seeks to terminate the legal protection of trademarks owned by the Scottish-based A.G. Barr p.l.c., which produces the Irn-Bru soft drink. The plaintiff has already filed nearly a dozen similar lawsuits against other companies, including Heineken.

Wednesday, May 30

INTELLECTUAL PROPERTY

Rado uhren ag vs Holmrook Limited

Moscow District Federal Commercial Court

Holmrook Limited seeks to defend its right to rado.ru domain. The company was earlier banned from using Swiss watchmaker Rado Uhren AGs brand and fined for 50, 000 rubles for trademark infringement. Holmrook has filed an appeal against the judgment.

INTELLECTUAL PROPERTY

ABV Advertising vs Ingosstrakh insurer

Moscow Commercial Court

ABV Advertising agency has filed a $264,400 claim against Ingosstrakh insurer and Alfa-Gifts for alleged copyright infringement. The plaintiff maintains that it has sustained losses as the result of the insurers unilateral repudiation of contractual obligations and violation of intellectual property rights.

Thursday, May 31

INTELLECTUAL PROPERTY

Melnitsa vs Russian Copyright Society

Moscow District Federal Commercial Court

The Russian Copyright Society is suing the Melnitsa concert agency for royalties. The agency organized Elton John's concerts in 2010, as well as performances of Muse and We Are Scientists in Moscow in 2011. The court ruled that the agency was not obliged to pay anything, but the society challenged the decision.

Friday, June 1

CONTRACTUAL OBLIGATIONS

NLMK vs Nikolai Maximov

Moscow Commercial Court

Novolipetsk Iron & Steel Corporation (NLMK) requests to invalidate the Maxi-Groups stock purchase. The company also demands that Nikolai Maximov, Maxi-Group founder and metal tycoon, return $224.06 million.

NLMK said that the company was misled by Maximov as he withheld information about Maxi-Groups debt and looming bankruptcy. The steel company noted that Maxi-Group was actually insolvent at the time of the deal.

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