Appeal filed over case on prohibiting Holmrook from using word "tissot"
MOSCOW, December 5 - RAPSI. The Supreme Commercial Court has accepted an application on the supervisory review of court acts regarding the lawsuit of Tissot AG to prohibit Holmrook Limited from using the word "tissot" in the tissot.ru domain, the court's representative told the Russian Legal Information Agency (RAPSI/rapsinews.com) on Wednesday.
In February, the Ninth Commercial Court of Appeals prohibited Holmrook Limited from using "tissot" in its domain and declared the unauthorized use a trademark infringement.
The court also awarded Tissot 50,000 rubles ($1,613) in compensation.
The court reversed the Moscow Commercial Court's previous dismissal of the lawsuit. The trial court stated that Holmrook Limited is not tissot.ru's owner or administrator, as it had assigned the administration rights to an individual named Nikolai Mikhaylyukov for free.
In August, the cassation court sided with the appellate instance's position. Now Mikhaylyukov has requested to reconsider the court acts.
In November the Supreme Commercial Court initiated a supervisory procedure in the case. Tissot AG is a renowned global watch producer.
The watchmaker registered the "tissot" trademark in 1917. Holmrook registered the same trademark much later.
According to the claimant, Holmrook Limited violates its exclusive trademark rights. Tissot also said the defendant does not use the trademark.
Tissot said www.tissot.ru became an informational website about French painter Jacques Tissot soon after it filed the lawsuit.
Mikhaylyukov also participated in the hearing. He informed the court of a Moscow district court's August 23 decision entitling him to register tissot.ru on his own behalf.
The court has also involved Valentina Merushina in the case, as she had been using the disputed domain as per a contract signed with the defendant in 2010 for posting information about the painter.
However, the plaintiff's statement was proved to be a lie because an inspection of the website showed that prior to filing the lawsuit, the website was only under development.
This is not the first lawsuit filed against Holmrook Limited. In September, the Moscow Commercial Court sided with another Swiss watchmaker, Rado Uhren AG, in its lawsuit to prohibit Holmrook Limited from using its name in its domain names and ordered the defendant to pay 50,000 rubles ($1,650) in damages.
The judgment has come into force.
The court also upheld Longines Watch Co.'s lawsuit against Holmrook Limited for trademark and trade name infringement.