MOSCOW, February 1 - RAPSI, Alyona Yegorova. The Ninth Commercial Court of Appeals will hear on February 8 Tissot AG's appeal against the adversary judgment in its lawsuit to outlaw Holmrook Limited's use of its trade name.
The Moscow Commercial Court on December 6 held against Tissot AG's request to prohibit Holmrook Limited from further using "tissot" in its "tissot.ru" domain name and to declare that the unauthorized use is trademark infringement. The court also refused to award Tissot 50,000 rubles ($1,650) in compensation. The court stated that Holmrook Limited is not tissot.ru's owner or administrator - it had assigned administration rights to an individual named Nikolai Mikhailyukov free of charge.
Tissot AG is a renowned global watch producer, its representative said at the hearing. The watchmaker registered the "tissot" trademark in 1917. Meanwhile, Holmrook registered the same trademark much later than Tissot. According to the claimant, Holmrook Limited violates its trademark rights. Additionally, Tissot said the defendant does not use the trademark.
Tissot said tissot.ru became an informational site about French painter Jacques Tissot after it filed the lawsuit.
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 domain names and ordered the defendant to pay 50,000 rubles ($1,650) in damages. The judgment has come into force.
Earlier, the court satisfied Longines Watch Co. in its action against Holmrook Limited for trademark and trade name infringement.