Russian rightholders are suing the British manufacturer over the rights to the vodka name

The Russian structure of the British alcohol producer Halewood has faced a series of lawsuits due to the use of the designation Russian Vodka on the packaging of products. The owners of the rights to geographical indication – Soyuzplodoimport and Roust – are trying to collect compensation.

Halewood Artisanal Spirits produces gin, rum, vodka under the brands Whitley Neil, J. J. Whitley, Berkshire, Dead Man's Fingers, etc. Since 2019, Halewood has owned an alcohol factory in the Leningrad region.

On June 30, the Soyuzplodoimport, which owns the “Stolichnaya”, “Moskovskaya”, and “Russkaya” alcohol brands, filed a lawsuit with the Arbitration Court of St. Petersburg and the Leningrad Region against the Halewood structure - J. J. Whitley Distillery LLC. The lawsuit is related to compensation for the illegal use of the geographical indication “Russian Vodka” and the similarity to the “Russkaya” trademark.

Compensation for the use of the geographical indication "Russian Vodka" with J. J. Whitley Distillery may also require the structure of a large vodka producer Roust Group ("Russian Standard", "Green Mark", etc.). At the end of April, the Arbitration Court of St. Petersburg and the Leningrad Region attracted 17 more right holders of this geographical indication to the case as third parties.

J. J. Whitley Distillery applied the designation Russian Vodka to batches of vodka, including under the brand Red Square, for export to the UK. This follows from the materials of the court, which in 2022 considered the application of the Baltic customs to bring the company to justice. But the requirements of the customs were refused. Patent attorney, Managing Partner of Zuykov and partners Sergey Zuykov explains that the courts did not consider it a violation to export goods using a designation similar to a trademark and geographical indication. The conclusion is "quite controversial", but when considering the claim of the Soyuzplodoimport as a federal government enterprise, the court may take into account the established absence of a violation, he says.

J. J. Whitley Distillery tried to obtain the right to use the geographical indication "Russian Vodka", but Rospatent refused registration. In June of this year, the company filed a lawsuit in the Intellectual Property Court, challenging the decision. Stanislav Kaufman, owner of the Kaufman brand agency, confirms that the designation "Russian Vodka" makes it possible to compete better, including in foreign markets, despite the difficult geopolitical situation.

Source: Kommersant Publishing House