Alibaba Wins Trademark Victory in Russia's Supreme Court

On Tuesday Russia's Supreme Court upheld a May 2014 decision by the IP court granting China’s Alibaba Group exclusive right to trademarks which had been challenged by BVI-registered Holmrook Ltd.  The IP court initially terminated Holmrook's trademark rights because the cybersquatter had not used them for three years. Under Russian law, a lawsuit to demand the termination of trademark registration due to non-use can only be filed by "a party of interest" who plans to use this trademark. China’s Alibaba Group announced in court that it planned to expand its e-commerce operation in Russia. Russian courts are currently considering an Alibaba Group vs. Holmrook case over the alibaba.ru domain. Moscow courts of two instances have ruled in favor of the Chinese company, but the IP Court has returned the case for retrial for procedural reasons. The Moscow Commercial Court, which heard the case in December 2014, again ruled in favor of Alibaba Group and prohibited Holmrook from using the alibaba.ru domain, though that decision has yet to go into effect.

http://www.rapsinews.com/judicial_news/20150113/272936396.html

Russian Blogger Law Takes Effect

Amendments to the law On Information, Information Technology and Information Protection plus other related laws, informally referred to as the "Law on Bloggers", went into effect on August 1st.  The law requires individuals whose blog attracts a daily readership of more than 3,000 to take on the full responsibilities of mass media outlets which, among other things, will require bloggers to:  register with the Federal Service for Supervision of Communications, Information Technology and Mass Media (Roskomnadzor), confirm the reliability of information posted, act in accordance with election campaign rules, not publish private information about other people, and indicate age limits for users.  Registered bloggers will also be obliged to provide their family name, first name and patronymic on their pages, as well as contact data for filing complaints. Bloggers who fail to comply with these rules will face fines of up to 500,000 rubles ($14,107). Finally, bloggers will have to pay taxes on their advertising income, which is currently not controlled and hence not taxable.

http://www.rapsinews.com/legislation_news/20140801/271840084.html

Russian IP Court Upholds Alibaba Trademark Against Cybersquatter

The Russian IP court ruled against cybersquatter Holmrook Limited, a company with Russian ties, incorporated in the British Virgin Islands.  Chinese internet giant, Alibaba Group, challenged Holmrook's use of the Alibaba trademark in Holmrook's domain registration for alibaba.ru.  The court's decision comes on the heels of a May decision stopping any legal protection for Holmrook's use of the "alibaba" trademark in connection with printed publications and bank cards.  Holmrook has previously lost several disputes related to the use of foreign trademarks in domain names, including those involving Swiss watch makers Longines and Tissot.  Alibaba Group remains on track to become the second largest internet company in the world, after Google, with the announcement of an initial public offering on the United States stock exchange expected to reach approximately $200 in market capitalization.

http://www.rapsinews.ru/arbitration/20140725/271801401.html

Russia's Duma Toughens Law on Extremism

In a third and final reading on Wednesday, Russia's State Duma adopted a bill aimed at toughening the consequences for the crimes of extremism and inciting hatred or enmity.  The law stipulates tougher criminal punishment for public incitement of extremism (Article 280 of the Criminal Code), with fines reaching 300,000 rubles (approximately $9,000), and increased prison sentences – from three to four years.  Tougher consequences are also stipulated for organizing extremist groups and for being a part of secular or religious organizations banned for extremism.  The Prosecutor General's Office reported in July 2013 that extremism cases have increased by 20% in the first half of 2013.  Human rights advocates have criticized the law on combating extremism, arguing that it has been used since its inception in 2002 to clamp down on dissent, and that the definition of extremism is subject to the interpretation of government prosecutors and investigators.  Beginning on February 1st, at the request of the Prosecutor General or his deputies, communication watchdog Roskomnadzor will start blocking websites deemed to incite extremism.
http://www.rapsinews.com/legislation_news/20140122/270518262.html

Rambler Found Guilty of Failing to Disclose Users' Email Addresses

A Moscow arbitration court has found Rambler, one of Russia's largest web portals, guilty of failing to disclose email addresses of users.  The court rejected Rambler's appeal of an earlier ruling that fined the company 500,000 rubles (over $15,000).  In July 2013 the Federal Financial Markets Service (FFMS) requested Rambler to provide information in connection with a probe into the Proyektnyye Investitsii company. The FFMS, and later the Bank of Russia, which had taken on its functions, was conducting an office audit of the company, which was being investigated for insider trading.  Rambler complied with all of the FFMS's requests and requirements with the exception of the request to supply email addresses of individuals linked to Proyektnyye Investitsii. Citing Paragraph 2 of Article 23 of the Russian Constitution (which provides that "[e]veryone shall have the right to privacy of correspondence, telephone communications, mail, cables and other communications. Any restriction of this right shall be allowed only under an order of a court of law"), Rambler claimed that compliance with the FFMS request would have required Rambler to violate the constitution by opening specific emails.

http://rbth.ru/news/2014/01/16/rambler_is_found_guilty_of_failure_to_disclose_users_correspondence_33263.html