OREANDA-NEWS. On 18 March 2009 was announced, that Hogan & Hartson successfully represented Polish cosmetics company, PP BI-ES COSMETIC, in a complex dispute with its former Russian distributor. The firm defended the Polish company’s right to import and distribute its products in Russia under the BI-ES designation.

PP BI-ES COSMETIC came into conflict with its Russian distributor LLC BI-ES Cosmetic (OOO) after six years (2000-2006) of importing and cooperating in selling the Polish company’s products in Russia. The Russian LLC BI-ES Cosmetic (OOO) had registered an identical firm name and trademarks under its own name in bad faith.

In November 2008, the Moscow Arbitration Court imposed a total ban on the import of perfumery products to Russia by the Polish BI-ES under the ‘BI-ES’ trademark, including under its own brand name, so long as the ‘BI-ES’ designation also constituted a distinguishing part of the brand name of the Polish manufacturer.

After initiating proceedings against PP BI-ES COSMETIC and its distributor OOO Imperial Group, the Russian BI-ES also initiated criminal proceedings against OOO Imperial Group and seized original perfumery products from their warehouses.

On February 16, 2009, the Ninth Court of Appeals of the City of Moscow reversed the earlier decision of the Moscow Arbitration Court to ban the import of the Polish products and its sales in Russia. The appellate court decision entered into force at the moment of its adoption and the criminal proceedings were successfully terminated in October 2008. All products of the Polish company that had been illegally seized were returned to the manufacturer.

Hogan & Hartson Moscow counsel Julianna Tabastajewa led this matter with Moscow associate Tatiana Miteva.