Krusovice trademark appeal dismissed again
MOSCOW, December 4 - RAPSI. The Supreme Commercial Court has again denied Elitvoda.Ru a reconsideration of the court ruling which awarded Heineken Ceska republika 200,000 rubles ($6,485) in compensation for the illegal use of the brand to its presidium, the court told the Russian Legal Information Agency (RAPSI/rapsinews.com) on Tuesday.
Heineken Ceska republika holds exclusive rights to the Krusovice trademark.
In June the Supreme Commercial Court refused to uphold Elitvoda.Ru's motion to apply to the presidium for reconsidering the court ruling which awarded Heineken Ceska republika $5,890 in compensation for the illegal use of its Krusovice trademark.
On April 16, the Moscow District Federal Commercial Court upheld the appellate court's judgment in favor of Heineken Ceska republika.
On December 12, 2011, the Ninth Commercial Court of Appeals ruled for Heineken Ceska republika to recover the 200,000 rubles ($6,485) from Elitvoda.Ru.
The appeals court overrode the Moscow Commercial Court's September 20, 2011 ruling against the Heineken subsidiary's 400,000 ruble ($12,970) lawsuit.
The trial court stated that Elitvoda.Ru had imported a shipment of "Krusovice Imperial," "Krusovice Musketur" and "Krusovice Сеrne" beer into Russia without obtaining the trademark owner's consent.
In a previous statement, Heineken Ceska republika's lawyer Vladimir Dmitriyev said that by 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.
The Heineken subsidiary told the court that the beer imported by Elitvoda.Ru is original, but that it had never allowed the defendant to import it into Russia.
Heineken is a Dutch brewery founded in 1863. Its subsidiaries in Russia include Heineken Brewery, St. Petersburg's Stepan Razin Brewery and other companies.