Vilniaus Degtine - Notification on material event

Court Decision: none of producers is granted exclusive rights to “999” trademark

Vilnius, Lithuania, 2016-05-26 11:48 CEST (GLOBE NEWSWIRE) -- The Supreme Court
of Lithuania (SCL) passed the decision establishing the essential circumstance
in the dispute of Vilniaus degtinė with the other manufacturer of alcoholic
drinks Stumbras. According to the Court, neither manufacturer should be granted
exclusive rights to 999 sign, which is digital version of the protected
geographical indication 'trejos devynerios' ('three nines'). The SCL rejected
the complaint lodged by Stumbras and maintained in force the decision adopted
by the Lithuanian Court of Appel in last November, abolishing the registration
of the verbal version 999 trademark for Stumbras, recognising the 999 sign as
unprotected element in majority of trademarks held by Stumbras, AB. 



The initiator of the litigation Vilniaus degtinė has been producing Trejos
devenerios bitter and using the 999 sign for over 60 years, while Stumbras
having registered the 999 sign in the State Patent Bureau in 2006 demanded for
cancellation of its use. But the final decision of the court abolished the
registration of the 999 sign and it was recognised as unprotected element of
trademarks. 



Representatives of Vilniaus degtinė noted that by the Regulation (EC) No.
110/2008 of the European Parliament and of the Council of 15 January 2008
Trejos devynerios (Lithuania) was included into the geographical indications
(30th position: Bitter-tasting spirit drink or bitter). Thus, nobody has and
may have exclusive rights to this geographical indication in terms of trademark
law. 



The SCL noted in its decision that the 999 sign by the history of its use is to
be associated in particular with Trejos devynerios spirit drink, i.e. with the
production of this exclusive Lithuanian spirit drink which cannot be taken over
by a specific manufacturer. 



'Considering the above-stated, the conclusions that no exclusive rights to the
digital version 999 of this verbal combination Trejos devynerios (protected
geographical indication, as mentioned above – bitter-tasting spirit drink /
'bitter') should be granted to one manufacturer are to be approved. In such
event, economic entities could use the 999 element in different graphical
expressions and on different labels, but nobody should have exclusive rights to
this element in terms of trademark law for products, to mark which contested
trademarks are registered. Application of this restriction to bitters only
would be artificial and would not comply with the essence of this dispute
between the parties, since the 999 sign is to be associated with the Trejos
devynerios spirit drink and its production technology', the SCL stated. 



Vilniaus degtinė manufacturers Trejos devynerios bitter according to the
traditional formula of 27 herbs.