MOSCOW, August 7 (RAPSI) – “Parallel” importer Ravenol Russland has appealed a court ban on importing Shell motor oils without prior permission of the rights holder. The court upheld a Shell Brands International lawsuit and also fined Ravenol Russland 4.1 million rubles for violating the plaintiff’s trademark, officials at the Rostov Commercial Court told RAPSI on Thursday.
The plaintiff, affiliated with the Anglo–Dutch multinational oil and gas company Royal Dutch Shell, requested that the court forbid the defendant from using Shell, Shell Omala, Shell Helix, Spirax, Tellus, Gadus, Rimula, Shell Formula, Rotella and other brands in any way and that it fine Ravenol Russland 10.8 million rubles for selling these goods in Russia without prior permission from the trademark holder.
The court found the unofficial importer guilty of violating the law and upheld the lawsuit in part. The compensation, due to be paid by the plaintiff, is among the largest sums in the history of Russian court practice for this category of disputes.
The court ruled that the plaintiff had illegally stored, offered and sold the goods mentioned in the lawsuit without the trademark holder’s prior consent. A ban on importing goods of the copyright holder without his consent aims to honor Russia’s international commitments in the area of intellectual property protection, the verdict notes.
"Parallel" or "gray" 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.
Royal Dutch Shell is a leading global petroleum, oil and lubricants producer.
Established in 1946, German company Ravensberger Schmierstoffvertrieb owns the Ravenol trademark and specializes in motor oil production. General distributor Ravenol Russland represents the company in Russia.