MOSCOW, May 16 (RAPSI) - The Federal Commercial Court of the Moscow District has upheld a lower court's decision prohibiting X5 Retail Group's supermarket chain Perekrestok from using the three-stripe trademark of Adidas AG, the holding company for Adidas Group, a court official told RAPSI on Thursday.
Earlier, the court awarded Adidas approximately 70,000 rubles ($2,210) in compensation against Perekrestok, a much smaller sum than the 1.1 million rubles ($34,722) Adidas had initially sought. This disparity prompted Adidas to appeal.
Adidas said in court that the defendant's stores were selling footwear with three stripes on the side. The plaintiff claimed that Perekrestok was violating Adidas' trademark rights by selling shoes featuring confusingly similar and, in some cases, even identical branding to the Adidas AG registered trademark.
The first violation was recorded on June 1, 2011, but despite the plaintiff notifying the defendant of this, Perekrestok still continued to sell the goods. The plaintiff recorded the last violation in January 2012, and the lawsuit was filed shortly thereafter.
The court held that Adidas' rights had been violated, and that its demand for compensation was lawful. The court reduced the amount of compensation as it believed there was proof that only one of the 11 shops in the claim sold the shoes.
Perekrestok Trading House is a major national supermarket chain and part of the X5 Retail Group, a leading Russian food retailer established in May 2006 through a merger between the Pyaterochka and Perekrestok chains.
As of December 31, 2012, X5 Retail Group operated 3,802 stores in European Russia, the Urals and Ukraine.