Russian Appellate Court Overturns Previous Decisions against SKYY Spirits

Last month the Ninth Commercial Court of Appeals invalidated Russia’s PTO and first-instance court decisions to terminate the leading U.S. spirits maker SKYY Spirits’ SKYY trademark protection in Russia due to non-use.

The Russian PTO cancelled the SKYY trademark protection in October 2011 following the request of the Seychelles-based Esmington Corporation, which uses the mark for alcoholic drinks in Russia and also owns the SKY-HI and HI-SKY trademarks. The Esmington Corporation claimed that the U.S. spirits maker does not use the mark in Russia.

Earlier this year SKYY Spirits filed a lawsuit at the Moscow Commercial Court against the Russian PTO, but this court upheld the PTO’s ruling in June 2012.

The PTO claimed that SKYY Spirits failed to attend the hearing at the Chamber for Patent Disputes and that the PTO had no evidence of use of the trademark in Russia.

Prepared by: Jelena Jankovic

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Source: Russian Legal Information Agency (RAPSI)