Nemiroff distillery's appeal in trademark case to be handled on November 1
MOSCOW, October 10 - RAPSI. The Ninth Commercial Court of Appeals will hear on November 1 the Nemiroff Ukrainian Vodka Company's appeal of the dismissal of its lawsuit requesting Nemiroff Vodka Rus to stop using its trademark, the court told the Russian Legal Information Agency (RAPSI/rapsinews.com) on Tuesday.
The Moscow Commercial Court held against the Ukrainian company in August. The court also refused to declare the actions of Tax Inspectorate No. 46 unlawful with respect to Nemiroff Vodka Rus' registration.
Nemiroff first submitted two lawsuits, but the commercial court consolidated them into a single case in June.
The Ukrainian company told RAPSI that Nemiroff Vodka Rus' registration is unlawful and contradicts the shareholders agreement, European court decisions on the use of the Nemiroff trademark, and Russian law.
Therefore, the company has opted to dispute the firm's registration in court, Nemiroff shareholder Alexander Glyus told RAPSI through his official representative.
The representative added that Glyus, who has a blocking stake (25.04 percent) in Nemiroff Vodka Ltd., was not aware of the Nemiroff group's plans to grant the right to use the trademark to any outside parties. He added that the right cannot be granted without the consent of the holder of the blocking stake.
The representative said earlier in court that the "company was separate from the Nemiroff holding."
The Nemiroff group's shareholders are battling over its activities in Russia.
Glyus is in a dispute with the group's other shareholders, in particular Yakov Gribov, who owns a 20 percent stake. The conflict began after the parties failed to agree on the price and the terms of the company's acquisition by the Russian Standard holding company.
The parties are now suing each other in courts in Russia, Ukraine, and Cyprus. Nemiroff filed several lawsuits with the Moscow Commercial Court to challenge the resolutions adopted by the Nemiroff Trade House.
RAPSI has yet to obtain comments from Glyus.
Nemiroff Holdings Ltd. comprises the Nemiroff production company, which includes three distilleries in Nemiroff, Ukraine, a management company, the Alco Invest subsidiary, offices in Russia and Poland, and Nemiroff International, which is headquartered in Budapest, Hungary.