A precedent-setting proceeding: FBK Legal obtained reinstatement of the owner’s possession of trademark rights

FBK Legal team of lawyers won a court case on challenging the disposition of trademark rights illegally transferred to third parties. Yesterday’s ruling of the Supreme Court draws the line under the case, with Marie Brizard, a manufacturer of high-end alcohol products and the legal possessor of the contentious trademarks, having been eventually reinstated of its trademark rights.

Trademarks subject to dispute include 9 items, including such world’s known vodka brands as “Yury Dolgoruky”, “Ivan Kalita”, “Tchaikovsky” and “Okno v Evropu”.

According to Alena Ermolenko, a Senior lawyer of FBK Legal, the case manager, the ruling of the Economic Collegium of the Supreme Court draws the line under a four-year case which included a series of proceedings held in appeals courts and in the IP court which considered the case in the capacity of a court of cassation.

She went on to add, “The precedent established by the Supreme Court within this case pertains to the interpretation of provisions under p. 2 Art. 1488 of the Russian Civil Code on the ban on the disposition of trademarks which could confuse the consumer as to the manufacturer of goods. We got the upper hand in convincing the Collegium that identical or confusing trademarks are exterritorial in nature and may not belong to different owners in different states. This ruling is truly precedent-setting in IP sector. We believe, it will pave the way for further improvements in Russian business environments.”

Alexander Ermolenko, FBK Legal Partner, noted that the importance and precedent nature of the case is underscored by the fact that it was the Economic Collegium of the Supreme Court that had delivered the final ruling which normally takes up very few cases.

“The Supreme Court has not only passed a lawful resolution but above that established a approach, consistent application of which is critically important for many businessmen of this country,” Alexander said.

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