China's Alibaba wins trademark case in Russia's Supreme Court
MOSCOW, January 13 (RAPSI) – Russia’s Supreme Court on Tuesday upheld a decision granting China’s Alibaba Group exclusive right to trademarks which had been challenged by BVI-registered Holmrook Ltd, RAPSI learnt in the court on Tuesday.
Holmrook has lost similar litigations in Russia against Swiss watch producers Rado Uhren, Longines and Tissot and the Russian auto dealer network Major Auto.
In May 2014, the Intellectual Property (IP) Court terminated the legal protection of the Alibaba trademarks registered by Holmrook because the cybersquatter had not used them for three years.
Under Russian law, a lawsuit to demand the termination of trademark registration due to non-use can only be filed by a party who plans to use this trademark. China’s Alibaba Group announced in court that it planned to expand its e-commerce operation in Russia. The court ruled that it is therefore a party of interest.
Russian courts are currently considering an Alibaba Group vs. Holmrook case over the alibaba.ru domain. Moscow courts of two instances have ruled in favor of the Chinese company, but the IP Court has returned the case for retrial for procedural reasons. The Moscow Commercial Court, which heard the case in December 2014, again ruled in favor of Alibaba Group and prohibited Holmrook from using the alibaba.ru domain.
The decision has not become effective yet.