The Supreme Commercial Court has refused to reconsider the court’s decision to prohibit the Alba Corporation from using Adidas “three-stripe” trademark.
The Moscow Commercial Court partially satisfied the lawsuit and banned the Alba Corporation from using the trademark on May 10. However, the court reduced the compensation from 2.5 million rubles ($84,700) to 250,000 rubles ($8,000).
Adidas AG did not agree with the compensation reduction and filed an appeal with the Supreme Commercial Court.
Adidas explained in court that the Alba Corporation sold footwear bearing the Adidas trademark. According to the plaintiff, the Adidas trademark was already registered for sports and outdoor activity footwear and has been known in Russia since 1978.
The Alba Corporation disagreed, arguing that Adidas’ rights were not infringed as Alba sold classic footwear.
The court dismissed Adidas’ lawsuit in April 2010 as it found no confusing similarity between the trademarks. The appeals court upheld the judgment, but the Moscow District Federal Commercial Court remanded the case for reconsideration on September 20, 2010.
The Alba Corporation has over 70 shops in Moscow and other Russian towns. In 1998, it began to produce footwear with its own Alba trademark.
Adidas AG is the core company of the Adidas Group.