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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
MONDAY, 23 DECEMBER 2013
Stolichnaya and Moskovskaya belong to Russia, rules Dutch court
Last Friday saw the closing shots in a battle that his been raging in the Dutch courts for some ten years. The warring parties were the Russian Federation on the one side and Spirits, a Dutch company owned by  Russian oligarch Yuri Shefler, on the other. Mr Shefler was accused of having illegally obtained the rights to the leading vodka brands “Stolichnaya” and ”Moskovskaya” in the turbulent years following the demise of the USSR. In July 2012 the Court of Appeal ruled that Shefler did not operate in good faith in obtaining the marks. According to the Court of Appeal and that, accordingly, Spirits did not rightfully own the brands. 
 
The decision that the Russian Federation owned the brands has now been affirmed by the Dutch Supreme Court.  This decision cannot be challenged.
 

A further twist in the tale is that Spirits has been ordered not to use the words "Russian Vodka" or "Made in Russia" on its bottles. This denomination is misleading as the product is not manufactured by Spirits in Russia.

Source: Joris van Manen (Partner, Hoyng Monegier) who acted for the Russian Federation and from further legal details may be obtained

Posted by: Blog Administrator @ 04.06
Tags: Ownership of brand,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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