Russian Legal Information Agency (RAPSI)
Section: News
Parallel importer's trademark lawsuit against Heineken rejected
http://rapsinews.com/judicial_news/20130520/267459674.html
13:10 20/05/2013

MOSCOW, May 20 (RAPSI) - The Moscow Commercial Court has rejected Aqualife's lawsuit against the Heineken Ceska Republica brewer to terminate the legal protection of its Krusovice trademark in Russia ahead of time, the court told RAPSI on Monday.

"Parallel" or "grey" imports are goods imported from another country without the permission of the official manufacturer. The Supreme Commercial Court confirmed in November that parallel imports are illegal.

According to the Register of the Federal Service for Intellectual Property (Rospatent), the Krusovice brand was registered in Russia in 2004 as the property of Heineken Ceska republica in relation to just one commodity - beer.

A lawyer representing Aqualife - a parallel importer of Krusovice - said during the court hearing that the company is interested in the brand because its capacity to put the product on the market is limited without it.

Meanwhile, a Heineken Ceska attorney stated that is not using the brand in Russia but only carrying out imports into Russia.

Meanwhile the court is also considering another lawsuit filed by Aqualife against Diadgeo Ireland to terminate legal protection of the Guinness trademark. In April, the court upheld Diadgeo Irelands lawsuit banning Aqualife from importing and marketing Guinness beer in Russia. Furthermore, the Aqualife soft drinks production company has filed a lawsuit against the importer seeking to prevent it from using the Aqualife name.

Heineken is one of the biggest brewing companies in the world. It operates in 71 countries, including Russia, where it began business in February 2002 after buying its first brewery in St. Petersburg.

Currently, Heineken owns eight breweries in Russia. The company's portfolio contains around 30 brands, including the popular international trademarks Heineken, Amstel Premium Pilsener, Zlaty Bazant, Guinness and Desperados.