MOSCOW, December 26 - RAPSI. The Ninth Commercial Court of Appeals has upheld the judgment banning X5 Retail Group chain stores from using Adidas' three-stripes logo, the court spokesperson told the Russian Legal Information Agency on Wednesday.
In October, the court awarded Adidas approximately 70,000 rubles ($2,210) in compensation against Perekryostok, a much smaller sum than the 1.1 million rubles ($34,722) Adidas had initially sought. This disparity prompted Adidas to appeal.
Adidas said in court that the defendant's stores were selling footwear with three stripes along the side. The plaintiff believes that Perekryostok violated Adidas' rights by selling shoes featuring confusingly similar and, in some cases, even identical branding to the Adidas AG registered trademark.
The first violation was registered on June 1, 2011, but despite the plaintiff notifying the defendant of this, Perekryostok still continued to sell the goods. The plaintiff registered the last violation in January 2012, and the lawsuit was filed shortly after this.
The court held that Adidas' rights had been violated, and that its demand for compensation was lawful. The court reduced the amount of compensation as it believed there was proof that only one of the 11 shops claimed sold the shoes.
The court involved Viner NS, DemoRus, Paritet, Akito, Sirius and Editex as third parties in the case.
Adidas AG is the parent company of the German Adidas Group.
Perekryostok Trade House is a major federal supermarket chain and part of the X5 Retail Group.