Alibaba challenges court decision in dispute with Russian firm over brand protection
MOSCOW, August 27 (RAPSI) – OOO Alibaba.Com (Ru) has appealed against a decision of the Moscow Commercial Court in favor of OOO Winner (manufacturer of products for children branded DeLune and Winner) in the companies’ dispute over trademark rights, according to the case materials.
The appellant challenged in the Ninth Commercial Court of Appeals the ruling of the first instance court of July 21. At that time, the court obliged Alibaba structures to remove offers of goods under the brands owned by the claimant.
In June 2019, company Winner (Bags studio) initiated in a commercial court a case against Alibaba Cloud Computing (Beijing) Co., Ltd., OOO Alibaba.Com (Ru), and Aliexpress Russia Holding Pte. Ltd.
The claimant alleged that on their websites the respondents offered goods (backpacks and school bags) with DeLune designations although these designations were developed by a claimant’s employee in January 2013 and were registered as trademarks.
The court found that Alibaba structures used designations similar or confusingly similar to Winner’s trademarks, what could mislead consumer as to the manufacturer of the goods.
The Moscow Commercial Court is also hearing a claim of Winner against Alibaba structures over protection of registered design rights.