Supreme Court Bans Belsat Name for TV
The Supreme Court of Belarus forbade the Telewizja Polska S.A. to use the name for Belsat TV when broadcasting for the territory of Belarus and on the website which is also accessible from Belarus.
The court found that the TV channel violated the copyright of Mr Andrey Belyakow. The court ordered the Belsat TV to stop using the trade mark “Belsat” in their satellite transmission and on the website. The court also ordered the respondent to pay legal expenses of 9 998 800 BR (around 1000$).
Mikhail Yanchuk, the official representative of Belsat TV channel in Belarus, in an interview to Nasha Niva said the decision is absolutely ridiculous: “The court decision will not be followed by any changes in activities of Belsat channel because trade marks are protected according to the territorial principle. Mr Belyakow has the right to protect his trade mark only in the territory of Belarus. But in the territory of the EU, and in Poland in particular, our trade mark is legally registered and can be used for all types of our statute activities, what we will keep doing.
We do not broadcast in Belarus, we do not have correspondents accredited by Belarusian authorities, and here Belsat does not have any property and bank accounts.
We are not present in the territory of Belarus as an economic entity. If the Belarusian court were consistent, the trial wouldn't have taken place at all, because one of the sides is a foreign economic entity, and Mr Belyakow should have filed the suit in the country where Belsat located. Knowing that it would be impossible in Poland, Belyakow had filed the suit against the channel in Belarus."
We remind that the legal action over the trade mark Belsat was brought by Belarusian company dealing in satellite equipment against Belsat TV (Telewizja Polska S.A.) in May last year. The owner of the company Andrey Beliakow said his company suffered losses because names of the company and the TV sound alike. On January 27 the Supreme Court of Belarus dismissed the claim saying the plaintiff did not prove that he had exclusive rights for the trade mark. However, five months later the Presidium of the Supreme Court sent the claim for review because of insufficient investigation into the matter of the case.
New hearings took place on September 2 and 3. Both sides again reiterated their standings. Belsat TV representative says the channel is registered and administered from Poland according to legal norms. Mr Belyakow says he suffers loses because his company’s names sounds similar to that of the TV channel. He thinks his rights for the use of the trade mark have been violated.
On September 3 the state prosecutor also expressed their view saying she considered the violation of Mr Belyakow’s rights was proved and the claim of Mr Belyakow had to be upheld.
Another attack on independent media: Belsat TV loses case over trade mark