Rus News Journal

Vodka SKYY have lowered from heavens

Vodka SKYY (belongs Campari Group, 11 - I on sales in the world) have deprived of a brand right protection in Russia. Such decision was taken out by Chamber on the patent disputes, satisfied the statement of the manufacturer of potable water Sky - Hi. Earlier similarly French Champagne Louis Roederer has lost in Russia the right to mark of well-known champagne Cristal.
According to Rospatent materials, trade mark SKYY vodka has been registered in Russia on 33 - mu to a class (vodka) in 1999 for ten years. In 2007 - m it has been prolonged till 2017. The legal owner of vodka specifies the Californian company SKYY Spirits entering in Campari Group. On October, 29th this year the Rospatent has completely stopped a right protection of a sign on the basis of the Chamber decision on patent disputes (PPS), is told in Rospatent materials.

the Statement for the preschedule termination of registration of a vodka brand has arrived in Rospatent on July, 9th, 2010 from company Deluxe Marketing Industrees Ltd. Sign non-use became a requirement substantiation. As it is informed in the text of decision PPS (is at ) The chamber and has not received a response from SKYY Spirits and in general has settled the possibilities under the notice of the legal owner which did not notify on change of the address.

Deluxe Marketing is the legal owner of trade mark Sky - Hi, registered in Rospatent on 32 - mu (water) and 33 - mu to classes. The company has the agreement on release of water with the Tver factory Junajted Bottling of Groups (JUBG), created by owners of the company Heppilend which has ceased to exist two years ago (marks - Red Devil, Jaguar, Casanova - have taken over offshore structures). In 2008 - m wrote about plans Heppilenda to begin sales of water SKYY Light. As have explained in the company Marketing of Londzh (is engaged in advancement of mark Sky - Hi), the project has not taken place, but since August of last year water Sky - Hi has been started. In Marketing of Londzh Know about filing of application in PPS concerning vodka SKYY. We could not conclude the contract on advertising of water Sky - Hi with Video of Interneshnl as they were confused with presence of registration of similar vodka under the name, and alcohol advertising on television is forbidden - have told in the company. According to the interlocutor water Sky - Hi now is on sale in the Moscow and Petersburg regions, the annual sales volume makes a 600 thousand order has given that there correspond approximately 0,2 % of all Russian market butilirovannoj waters.

in Russia of vodka SKYY now practically is not present. The manager of the western alcoholic company, referring to the data of Federal customs service, says that from October, 2009 till September 2010 - go on the Russian market it has been imported all 0,2 thousand has given SKYY, intended for sale through duty free. The Total amount of import vodka, as he said, during this period has made 4 million has given. However on world sales of vodka brands SKYY occupies 11 - ju a line: according to Drinks International, in 2009 in the world it has been sold 3,25 million cases (in one case 9) vodka SKYY. It exceeds sales volume of such marks, as Finlandia (is issued Brown - Forman; 3,01 million cases) and Stolichnaya (SPI Group Yury Sheflera; about 3 million cases).

the Country - manager Campari Anton Degtyaryov asserts that SKYY all - taki is on sale in the Russian shops, but its presence is insignificant . On a site alcomag. ru vodka SKYY in a bottle of 0,75 l costs 695,5 rbl. Mister Degtyaryov has told that it knew nothing about the decision of Rospatent concerning vodka SKYY. Our lawyers should understand this situation - he has declared.

Patent attorney Dmitry Burmistrov notices that Campari can challenge decision PPS in arbitration court, but there it will be necessary to present the weighty reasons explaining absence of representatives of the company at session of chamber. So, already more than two years in Russia proceed dispute FKP Sojuzplodoimport owning vodka Kristal, with French Champagne Louis Roederer, letting out the well-known champagne Cristal: on April, 6th, 2009 the Rospatent has nullified granting Cristal of a right protection in Russia. Courts of three instances have satisfied claim Champagne Louis Roederer about cancellation of this decision. But on October, 15th the board of judges YOU has submitted the case for revision to presidium (see from October, 21st).

Ekaterina Tilling does not exclude from legal firm Baker Botts that Campari for sale SKYY in Russia it is necessary to enter into the licence agreement which, as a rule, provides royalty payment.