The Special Court of the Brazilian Superior Court of Justice (STJ) analyzed the appeal over the ownership and use of the mark Stolichnaya for vodka in Brazil and recognized the foreign judgment involving the matter. Both the Russian state-owned company FKP and the multinational company Spirits claim ownership over the mark Stolichnaya.

While the STJ did not conclude the examination of the foreign judgment, the Federal Court of Appeals for the 2nd Region, based in Rio de Janeiro, had decided that both FKP and Spirits could use the mark in Brazil. According to the case record, the vodka sold by Spirits is manufactured in Russia but bottled in Latvia. On the other hand, the Stolichnaya vodka of FKP, which claims to be the legitimate holder of the well-known brand, is produced in Moscow.

According to the STJ, the Superior Court of Commerce of the Russian Federation only declared the invalidity of the clause of the articles of association that provided for the succession of Foreing Economic Joint Stock Company Sojuzplodoimport (state-owned company) by Plodovaya Kompanhya (a publicly-held corporation), without making any reference to the expropriation of the mark or to compensation.

In Brazil, Sojuzplodoimport (former denomination of Plodovaya) had obtained a trademark registration based on the clause that was later declared void in Russia. Therefore, they lacked standing to oppose the trademark applications filed by Spirits. But with the formal recognition by the STJ, the annulling decision from the Russian courts goes into effect in the Brazilian legal system and, thus, the administrative decision granting the registration of the mark to Plodovaya shall prevail.

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Source: STJ

 

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