Source: Financial Web - São Paulo / SP - 29/03/2010

The Special Court of the Superior Court of Justice (STJ) judged the appeal that discusses the ownership and use of the Stolichnaya vodka brand in Brazil and ratified the foreign sentence in favor of Plodovaya Kompanhya. Russian federal state-owned company FKP and international company Spirits also claimed ownership of the brand.

The homologation of the foreign sentence is intended to recognize a decision from another country, in order to allow the sentence to be effective in Brazilian territory.

The Judiciary Reform, promoted by Constitutional Amendment 45/2004, transferred from the Supreme Federal Court to the STJ the original jurisdiction to judge actions for ratifying foreign sentences.

Companies that contest the ownership of the trademark alleged offense to legal certainty and due process, as there is no provision in the Russian legal system. However, the rapporteur at the STJ, Minister Fernando Gonçalves, stated that these issues are confused with the merit of the sentence. According to the minister, it is not possible to discuss the question about the expropriation of the trademark and indemnity for the allegedly injured companies because this would exceed what determines Resolution No. 09 / STJ, which establishes that the approval must be limited to the terms of the sentence, "Not being able to extend to issues that are not formally incorporated in its text".

The Special Court approved the foreign sentence in favor of Plodovaya Kompanhya, in order to declare the decision it had on the annulment of the company's succession to be valid, without implications for the transfer of ownership of the Stolichnaya vodka brand.