Heineken victorious in parallel imports case
On April 12 2012 the Moscow District Federal Commercial Court upheld an appellate court decision imposing a fine on Russian company Elitvoda Ru for importing Heineken Česká republika beer without the trademark owner’s authorisation.
On December 12 2011 the Ninth Commercial Appeals Court had ordered Elitvoda Ru to pay a fine of $6,700 (approximately €5,100) to Heineken Česká republika, which is part of the Heineken group. The appellate court had thus repealed a decision of the Moscow Commercial Court dated September 20 2011, in which the latter had dismissed Heineken’s $13,400 (approximately €10,200) lawsuit against the Russian importer.
Elitvoda Ru had imported into Russia a shipment of Krusovice Imperial, Krusovice Musketyr and Krusovice Сеrne beer. According to the local regulations, only trademark owners are authorised to import goods bearing trademarks recorded in the official Customs Register; if the goods have been imported without the trademark owner’s authorisation, the customs authorities are obliged to seize the goods.
Jelena Jankovic, PETOŠEVIC, Belgrade
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