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What do the fall of the Soviet Union, a heist of trademark rights, and Stolichnaya vodka have in common? They are all key components of the Russian Federation's efforts to reclaim its trademarks in Stolichnaya vodka. After a convoluted history both of the transfer of these marks and the litigation to recover these marks, Federal Treasury Enterprise Sojuzplodoimport (FTE), the entity seeking to recover the Stolichnaya marks for the Russian Federation, has finally survived a motion to dismiss its case of trademark infringement after sixteen years of litigation. Federal Treasury Enterprise Sojuzplodoimport v. Spirits International B.V., 2020 WL 4349840 (S.D.N.Y. July 29, 2020). So why did it take so long for FTE to get to this stage?
The Stolichnaya marks have passed through many hands in a series of confusing corporate transactions. They have taken the following path to their current disputed ownership:
On its face, these transactions, while convoluted, do not seem to imply that the Russian Federation is still the proper owner of the Stolichnaya marks. But the list of these transactions omits one key fact — the privatization of VVO-SPI to VAO-SPI was fraudulent, as the Second Circuit found in 2010.
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