Not only Russian copyright, broadcast and digital law
Russian IT company Yandex settles copyright dispute with audiovisual right holders belonging to Russian major media company Gazprom Media. Earlier right holders have sued Yandex for copyright infringement. In parallel they negotiated with IT company antipiracy memorandum. Finally IT company and right holders have signed it. One of condition to sign memo was dropping the lawsuit against Yandex.
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By its three questions (1, 2, 3), which should be examined together, the referring court asks, in essence, whether, and in what possible circumstances, the fact of posting, on a website, a hyperlink to protected works, freely available on another website without the consent of the copyright holder, constitutes a ‘communication to the public’ within the meaning of Article 3(1) of Directive 2001/29.
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Company Societe Jas Hennessy et Compagnie has chosen to sue bootleggers for trademark infringement and sought 5 mln Roubles as compensation. The group of four persons from Russian town Voronezh has manufactured alcohol under famous brands. The court accepted the lawsuit and will consider it.
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Two Russian insurance companies fight in court because their trade names are very similar. The trade name of one company is “RusStateInsure” (abbreviated RSI) and the trade name of second company is so far “RSI life”. RusStateInsure has file a lawsuit against RSI life for trademark infringement and despite the decision of RSI to change its tradename, the RusStateInsure does not intends to withdraw the lawsuit.
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But they make efforts only in relation to Russian search engine and internet company Yandex. Google and other search engines are out of their interest. There are also search engines of Mail.ru and Rambler company. The association, representing the copyright interests of Russian major book publishers, has filed lawsuit against Yandex seeking to clear the search indexing from links to pirate web-sites.
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The relevant committee at the Russian state duma has considered the judicial reform proposed by the Russian Supreme Court. According to the proposal the Russian judges would have the right to state only resolution – i.e. resolute part – in their decisions without rationale – i.e. motivational part – explaining the reasons and logic of decision. In other words reform would allow the judged to simple decide – yes or no – and litigating parties would have receive rationale under separate procedure.
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Every winter for the last sixty years or so, Tawas, Michigan has become the home of the “Perchville” festival, replete with a polar bear swim and a fishing contest. The Tawas Area Chamber of Commerce organizes the annual February event and has registered the name Perchville as a trademark. A local company – the AuSable River Trading Post – wants to make Perchville-branded tee-shirts, and sued the Chamber to invalidate its mark.
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The company Media-Saturn-Holdin GmbH has filed a suit against Russian entrepreneur. The entrepreneur was the owner of trademark MediaMarkt in Russia for class 35, but – according to claimant – did not use it; the claimant sought to cease the trademark protection due to its disuse. The claimant believed it is “party concerned”. Despite the trademark owner’s letter to postpone consideration of the case, the case has been considered by the court in the absence of defendant.
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When the three television channels have filed a suit against Yandex, it was not going to give up. After the court has granted injunction against Yandex and issued an order to restrict access to Yandex as preliminary measure (Roskomnadzor did not execute this decision, because it knows, sometimes much better then court itself, whether there is copyright infringement or not) Yadnex opposed preliminary measure.
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Three Russian television channels have filed complaints against Yandex aiming to block illegal copies of four serials. All three complaints require Yandex to “cease creation of technical conditions causing providing of illegal copies of audiovisual works in question in search results”. The complaints also seek 10 thousands Roubles as compensation for infringement of exclusive rights. Yandex is not agreed with position of TV channels and intends to oppose requirement to block referrals to pirate copies in search results.
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