The Supreme Court of the Netherlands finally recognized Federal Treasury Enterprise Sojuzplodoimport as the sole legal owner of the Stolichnaya and Moskovskaya trademarks in the territory of Belgium, the Netherlands and Luxembourg. The decision has entered into force and is not subject to appeal.
On 24 January 2020 the Supreme Court of the Netherlands decided that there were no grounds to review the decisions previously made by the Dutch courts. Also the Court held that the rights to the legendary Stolichnaya and Moskovskaya vodka brands belonged to FKP Sojuzplodoimport in the Benelux countries.
Alexey Maklakov, the General Director of FKP Sojuzplodoimport, notices: “The decision of the Supreme Court of the Netherlands is very significant and we are sure that this decision will be used as a precedent in the pending court proceedings for Stolichnaya and Moskovskaya trademarks not only in the EU countries but around the world.”
The Dutch courts repeatedly supported FKP Sojuzplodoimport after the Russian Federation had found in 2001 that the transfer of the Soviet vodka trademarks (including Stolichnaya and Moskovskaya) to SPI Group was illegal and had transferred those trademarks to FKP Sojuzplodoimport in 2002.
In June 2006 the Rotterdam District Court found that Spirits International, affiliated to SPI Group, had acquired the trademarks illegally. In 2012 the Appeal Court and in 2013 the Supreme Court of the Netherlands upheld the findings of the Rotterdam District Court, rejected Spirits International complaints and returned the case to the Rotterdam District Court to make a decision to transfer the trademarks to FKP Sojuzplodoimport. In March 2015 the Rotterdam District Court ruled that Spirits International had to stop sales of Stolichnaya and Moskovskaya and undertake all necessary steps to re-register the Benelux trademarks in the name of FKP Sojuzplodoimport, their legal owner, as well as to pay damages for the illegal use of the trademarks.
Despite the unambiguous findings of the Rotterdam District Court, in 2018 Spirits International once again filed an appeal to the Appeal Court, the appeal was rejected. Thus the case once again came to the Supreme Court of the Netherlands, who made the final decision that FKP Sojuzplodoimport was the legal owner of Stolichnaya and Moskovskaya trademarks in the Benelux countries. In accordance with Dutch law, this decision is not subject to further appeal.
Federal Treasury Enterprise Sojuzplodoimport was established on April 9, 2002 by Order of the Government of the Russian Federation No. 1741-r of December 29, 2001, to use, protect and restore the trademarks, including the most popular alcoholic brands: "Stolichnaya", "Moskovskaya", "Sovetskoe", "Russkaya", etc.
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