State-Chartered Entity Lacks Standing To Sue Over Russian-Federation-Owned Stoli Marks

Edited by Paul Devinsky and Rita Weeks

Federal Treasury Enterprise Sojuzplodoimport v. SPI Spirits Ltd.

Addressing standing under § 32(a) of the Lanham Act, the U.S. Court of Appeals for the Second Circuit upheld the dismissal of claims brought by a Russian state-chartered entity to enforce Stoli trademarks.  Federal Treasury Enterprise Sojuzplodoimport v. SPI Spirits Ltd., Case No. 11-4109 (2d Cir. Aug. 5, 2013) (Carney, J.)

Plaintiff-appellants Federal Treasury Enterprise Sojuzplodoimport (FTE) and Moscow Distillery Cristall appealed from a judgment dismissing their Lanham Act claims over the U.S.-registered trademarks related to Stolichnaya brand vodka (the Stoli marks) brought against defendants SPI Spirits Limited and other related defendants (collectively, SPI).  The Stoli marks were originally registered in the United States in 1969 by a Soviet entity.  After an initial failed claim to ownership of the Stoli marks by an SPI-related entity, the Russian