The Second Circuit Court of Appeals, addressing an issue of first impression among the federal appellate courts under the Lanham Act, has affirmed a district court determination that Federal Treasury Enterprise Sojuzplodoimport (FTE) cannot pursue trademark infringement litigation as a “legal representative” of the Russian Federation because while that government designated FTE as its legal representative, it is not legally unable to bring the suit on its own behalf. Fed. Treasury Enter. Sojuzplodoimport v. SPI Spirits Ltd., No. 11-4109 (2d Cir., decided August 5, 2013). So ruling, the Second Circuit held that the Lanham Act’s use of the term “legal representative” requires in addition to an appointment that the appointing entity be unable to appear in the litigation. Another issue addressed was whether FTE was an “assign” of the Russian Federation under a series of documents created since 2002; the court concluded that the documents did not create an assignment.…
Tag Archives Russia
U.S. Sen. Debbie Stabenow (D-Mich), who chairs the Senate Committee on Agriculture, Nutrition and Forestry, has joined ranking committee member Thad Cochran (R-Miss.) and 31 other senators in asking U.S. Trade Representative Ron Kirk “to quickly address Russia’s new import ban on U.S. beef, poultry and turkey.” According to a February 19, 2013, news release, the ban stems “from Russia’s zero tolerance policy regarding ractopamine, a feed additive for livestock approved by both the U.S. Food and Drug Administration and the Codex Alimentarius Commission [CODEX].” In their letter to the trade representative, the senators claim that this “egregious” trade barrier would cost the U.S. economy $600 million annually and amount to an import ban in violation of the World Trade Organization’s (WTO’s) Sanitary and Phytosanitary Agreement. “The United States must do everything it can to defend its rights in both the WTO and CODEX and prevent non-science-based trading practices from…
Russia has reportedly imposed a ban on U.S. turkey imports, effective February 11, 2013, thus extending a ban on pork and beef imports in an ongoing dispute over the use of growth stimulant ractopamine in animal feed. According to a news source, Russia’s Federal Service for Veterinary and Phytosanitary Surveillance (VPSS) made the decision after repeated warnings from Russian authorities about continual breaches of Russian rules banning the presence of the chemical—believed to cause health problems in humans—in food. The Codex Alimentarius Commission has apparently determined that the chemical is not harmful to humans when present in meat at low levels, but that has not stopped some countries, such as Russia and China, from banning it. “Since the violations continue and we are finding ractopamine in meat shipments from the USA, we plan starting February 11 to impose restrictions on the import of this product,” VPSS Chief Sergei Dankvert said. The…
Russian health regulators have announced a new regulation that will require imported meat to undergo testing for and be certified free of ractopamine, a hormone that has reportedly been linked to health concerns. The additive allegedly promotes animal growth and leaner meat and is added to some animal feed in the United States. According to news sources, because the U.S. Department of Agriculture (USDA) has no mechanism in place certifying meat as “ractopamine free,” the Russian requirement could effectively halt U.S. pork and beef exports to the country, profoundly affecting the more than $500 million market. Some industry analysts reportedly see the move as retaliation for American legislation punishing Russian officials linked to alleged human rights violations. In a recent press release, U.S. Agriculture Secretary Tom Vilsack stated, “The United States is very concerned that Russia has taken these actions, which appear to be inconsistent with its obligations as a…
After a Russian court approved the transfer to a housing development foundation of land outside St. Petersburg where more than 6,000 varieties of fruits and berries are grown, scientists fearing the loss of a major seed bank were reportedly heartened to learn that President Dmitry Medvedev has taken an interest in the matter and ordered a review of the decision. An earlier report about the court ruling appears in Issue 360 of this Update. The foundation has also reportedly postponed a planned auction of part of the land and will have an independent expert audit conducted to assess the uniqueness of the plants growing there and how much acreage is involved. Interested parties are apparently seeking a compromise; the auction may be delayed for five to seven years to allow the plant collection to be relocated. See Science, August 20, 2010; Sciencemag.org and Global Crop Diversity Trust, September 10, 2010.
A Russian court has reportedly given the green light to a housing development agency to build houses on a field where thousands of rare berries and other fruits have been preserved since the 1920s. The Pavlovsk Experimental Station, located near St. Petersburg, was apparently developed to serve as an historic gene bank. Scientists over the years have deemed the facility so important that 12 reportedly starved to death during the World War II siege of Leningrad rather than eat the plants they were saving. Some 90 percent of the station’s more than 5,000 plant varieties exist nowhere else and many cannot be grown from seed. The research institute that operates the station reportedly plans to appeal the ruling to the Russian Supreme Arbitration Court. See The Los Angeles Times, August 10, 2010; TheAwl.com, August 11, 2010.
The U.S. Department of Agriculture (USDA) has announced a trade agreement with Russia that ends a January 2010 ban on chlorine-treated poultry from the United States. In exchange for lifting the ban, USDA has pledged to post on its website information about “which disinfectants/pathogen reductions treatments are known to be approved by Russia for use on processing poultry and on food generally.” U.S. officials will also provide (i) “information . . . on the solutions that companies use on poultry shipped to Russia,” and (ii) “an updated list of poultry processing facilities authorized to ship poultry to Russia.” The accord came after 25 senators reportedly urged President Barack Obama (D) to take up the issue with Russian President Dmitry Medvedev. “I am pleased that after several months of negotiations, we have finally reached a breakthrough which will allow for U.S. poultry exports to resume to this important market,” stated U.S.…
12
