NOTIZIE

“Crystal” legal proceedings

Producer of the elite champagne Cristal has filed an action against Rospatent.

Champagne Louis Roederer S.A., the French company, producer of Cristal, the supreme class champagne, is going to obtain abolishment of decision of the Chamber of Patent Disputes through the court. According to this decision the trademark lost its legal protection in Russia. FKP “Sojuzplodoimport” is called to the court as a third party, according to their claim Cristal lost its protection. FKP believed that Cristal is confusingly similar with vodka trademark Kristal and offered the French company to pay royalty for the imported champagne. Louis Roederer is sure that champagne does not compete with vodka, however, this argument will not have effect soon: according to RBC daily information “Sojuzplodoimport” can start producing its own champagne Kristal before the end of summer.

History of Cristal champagne started in 1876 when Russian Emperor Alexander the Second ordered production of champagne especially for him at Louis Roederer Tradehouse. Nowadays “Vinikom” company is the exclusive importer of this mark in Russia. According to the data of the site devoted to sale of champagne of the elite class alkotorg.ru, price of the white Cristal is RUB 11,900, pink – RUB 30,000 (0,75 litre).

In June 2008 FKP “Sojuzplodoimport” filed an objection to the Chamber of Patent Disputes against providing international trademark Cristal (International registration №141885), that is owned by Louis Roederer company, legal protection. In February 2009 the Chamber of Patent Disputes delivered a judgment to consider legal protection of Cristal trademark in Russia “completely inoperative”, because it is confusingly similar with Kristal trademark that is registered by  “Sojuzplodoimport”.

The head of FKP Vladimir Loginov explained that the company does not mind presence of the champagne in the Russian market, however they insisted on paying royalty by Louis Roederer for every imported bottle. According to his words, there had been already such practice before, for example: in 2007 “Sojuzplodoimport” got royalty in amount RUB 7,500 for 1300 bottles of 0,75 liter and 400 botlles of 1,5 liter that were imported. When the decision was taken by the Chamber of Patent Disputes FKP decided that the whole circulation of Cristal champagne in Russia is illegal. However, Cristal champagne is still on sale as it was before, as it was said by a manager of “Vinikom” company to RBC daily.

Moreover, the French company decided to protect their mark in the active way. On July the 6th a claim from Champagne Louis Roederer against Rospatent and the Chamber of Patent Disputes regarding “consideration the decision inoperative one” was registered at Moscow Arbitration tribunal. The French company wants to call FKP “Sojuzplodoimport” as a third party. In the end of April Louis Roederer informed that they were going to appeal to the Chamber of Patent Disputes against its decision regarding considering protection of Cristal trademark inoperative in Russia. In its statement the French company demonstrated its assurance that Cristal champagne and Kristal vodka can coexist in harmony in the Russian market.

At the same time according to RBC daily, “Sojuzplodoimport” a participant of alcoholic market, is going to start production of its own Kristal champagne at one of the factories that deals with bottling “Sovetskoye” trademark that is also owned by FKP. “Bottling can be started before the end of this summer. It will be non big lots and cost of one bottle will be rather lower that French Cristal – RUB 600-800 per a bottle”, says the source.

“Sojuzplodoimport” confirmed plans regarding production of Kristal champagne. “This champagne will be produced according to classical technologies”- says Julia Goncharova, the head of public relations department of FKP. The place of bottling and price are not revealed.

Semyon Apstane, the managing partner of “Pravda and Apstane” judicial bureau believes that Louis Roederer however has prospects to contest the decision of the Chamber of Patent Disputes at the court: “Cristal trademark was established in the century before last and if the French company is able to prove that they did not have a possibility to register the trademark before Kristal trademark was registered in Russia (in 1974-RBC daily), the court can take their side.”

Oleg Trutnev
rbcdaily.ru