Rus News Journal

The Rospatent has transferred hearing Smirnovsky affairs

As well as promised, today we come back to a struggle theme for a trade mark between

the American company Heublein and the Russian firm P.A.Smirnov and descendants
in Moscow . The hearing of business appointed for today in Rospatent is transferred on 21
October that, according to experts, is connected with expected any day
the publication of the new Russian Law About trade marks, service marks
and names of places of an origin of the goods . Experts believe that
the compelled time - a party miss use for updating of the positions.
opposition of competitors has caused wide interest of a Western press and on,
to the message of reliable sources, can become a basis for cover story the nearest
issues of the magazine Business Week. Today finishes the publication of materials,
reflecting a firm position P.A.Smirnov and descendants in Moscow .

According to Boris Smirnova after companies Heublein it has been refused in
trademark registration Russia, for struggle against the Russian firm Heublein
has created in Russia affiliated company Pierre Smirnoff Co which has begun active
activity on legalisation in Russia. The firm has organised wide advertising
the production, financing an Olympic team of the CIS and a city holiday in
to Moscow.
the president of firm Pierre Smirnoff Dennis Malamatinas (Dennis Malamatinas)
asserts that roots of American vodka Smirnoff - Russian. Together with
how Boris Smirnov has declared, he should know about the decision ended in
1986 of the Cologne patent court between distributors of Sojuzplodimporta and
Heublein in Germany which has obliged Heublein to clean from reference labels on
Russian origin of vodka - the inscriptions typed by Cyrillics, a word
Russian an inscription the supplier of a court yard of Its Imperial Majesty - and not
to specify in communication of a product with Peter Smirnova`s Russian Trading house and
Moscow. Simultaneously on a label it is offered to increase an inscription Made in
France . According to Boris Smirnova, the decision of the Cologne court is signed
by the lawyer of firm Heublein in 1986, and thus the company recognised that
vodka Smirnoff is foreign and to Russia no any relation has.
as Boris Smirnov further has informed, representatives Heublein consider that
the Russian firm the Item And. Smirnov and descendants in Moscow has no right on
a trade mark as it is the descendant, but not the successor. However,
he has underlined, the firm includes his father (Peter Arsenevicha`s relative in
the third generation) that under the Russian laws is a sufficient condition
for preservation of the right of succession.
dispute on a trade mark becomes complicated that after death in 1898
the founder of business of Peter Arsenevicha Smirnova the reached 35 years three big brothers
Peter, Nikolay and Vladimir have created in 1903 new association with
use of a trade mark of the father from which as it was already mentioned,
Nikolay and Vladimir then left.
according to Boris Smirnova, in the will of the founder of family firm of Peter
Smirnova is said that to all sons shares in equal parts which
should be stored in cash desk of association are allocated and stand out on reaching 35 - summer
age. That is two younger brothers, Sergey and Alexey, also had equal
the rights to inheritance of a trade mark and use of a name of the founder.
the affairs which have kept the right of succession of Peter Smirnova relatives have given
the written approval to that Boris Smirnov represented their interests. On
Sergey Petrovicha`s lines successors of the third turn act on the party
Heublein. The successor of the second turn on this line, Victor Sergeevich Smirnov,
has transferred the rights to control of firm to Boris Smirnovu. Representatives of two others
inheritance lines have lost the rights when sons of the founder Vladimir and
Nikolay have taken away the share and left the trading house. Thus, in opinion
Boris Smirnova, all rights to recipes, a trade mark and signs belong
to firm P.A.Smirnov and descendants in Moscow .
As Boris Smirnov has underlined, in dispute for a trade mark Americans
raise a claim to its registration in Russia because smirnovskaja vodka
became well-known thanking their advertising. However vodka Smirnov has received
wide popularity even before revolution. At world`s fairs in Vienna
(1873), Philadelphia (1876), Paris (1889) and Chicago (1893)
smirnovskaja vodka received diplomas and gold medals. Moreover, the enterprise
Peter Smirnova was before revolution by the largest in the branch in the world, and it
production was delivered for imperial and royal families. Under the statement
Americans vodka Smirnoff has received in Russia extremely wide
prevalence. However, on presented to appeal chamber
Rospatent to copies of contracts, firm Heublain has sold in the USSR for 1990 and 1991
years only 14 thousand litres of vodka that does not give the grounds to speak about mass
deliveries (it only 28 thousand usual a floor - litrovok). As vodka
was delivered in hotels for foreigners where the input to the Soviet citizens
has been complicated.
in tomorrow`s number we will tell about a position in the conflict American
company Heublein and its affiliated firm Pierre Smirnoff Co.

SERGEY - FORGES, VLADIMIR - MALYUKOV