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FLIPPITYFLOOP
Metalhead

Joined: Thu Aug 12, 2010 9:09 pm
Posts: 1453
Location: CHRAWNA, Canada
PostPosted: Wed Jun 05, 2024 12:07 am 
 

So it seems like there may be some sort of conclusion to the Batushka name fiasco that began all the way back in 2018. Derph - Krzysztof Drabikowski - posted on his Instagram earlier today what looked like part of a polish legal document stating the outcome of the trial, that he's been granted the rights to the Batushka name and that Bart is no longer allowed to perform or release music with it, nor allowed to deny Derph the rights and privileges to use the name.

https://www.instagram.com/p/C70FPoECL6d/

Translated from someone in the comment section:

Spoiler: show
Quote:
JUDGMENT
ON BEHALF OF THE REPUBLIC OF POLAND
On May 29, 2024
District Court in Warsaw, 22nd Intellectual Property Division
Chairman: judge
after the case brought by Krzysztof Drabikowski was heard on May 29, 2024 in Warsaw at a closed session
against Bartlomiej Krysiuk
and the protection of personal rights in the field of advertising or promotion, for copyright protection
cases of counterclaim by Bartłomiej Krysluk against Krzysztof Drabikowski
for the protection of personal rights in the field of advertising or promotion, preventing and combating unfair competition, for infringement of the right to register an EU trademark
in the scope of the main claim:
1. prohibits Bartłomiej Krysiuk, without the consent of Krzysztof Drabikowsking, from using the name "Batushka" or "батюшка" in his commercial activities, to mark with this name musical recordings and audiovisual recordings containing musical recordings;
2. prohibits the defendant Bartlomirj Krysluk from disseminating the Maya, since he has the exclusive right to the name Batushka or Sanosasa, and Krzysztol Drabowski does not have the right to this name


I say "some sort of conclusion" because Bartushka posted a rebuttal in their social media stories, alluding to that they plan on appealing the court decision.

Spoiler: show
Image


In case the image link no longer works later (not sure how it works with it being a temporary story):

Spoiler: show
Quote:
"In connection with today's ruling of the District Court in Warsaw, XXII Intellectual Property Division, we would like to inform you that the judgment is not final and may be appealed against.

"We are disappointed with the verdict and the length of the trial, which took over four years.

"An additional sense of disappointment is intensified by the fact that the amount of evidence presented by us was not sufficient. The above court ruling is not binding and does not change our concert and publishing plans in the near future.

"We would also like to remind you that valid court decisions are enforceable, i.e. those against which a complaint has not been filed within the time limit provided for in the proceedings."


Whether their appeal amounts to anything remains to be seen. But if nothing comes of it, then it looks like justice was served and Derph got his band back.

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CreepingDeath16
Metalhead

Joined: Fri Sep 03, 2021 12:49 am
Posts: 966
Location: Hyperborea
PostPosted: Wed Jun 05, 2024 4:15 am 
 

Mild take: Derp and Barf both suck. Their music is a prime example of superficiality and aesthetics over anything of substance.

Image
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Gravetemplar
Metal freak

Joined: Tue Mar 05, 2019 10:08 am
Posts: 4715
Location: Antarctica
PostPosted: Wed Jun 05, 2024 6:37 am 
 

I tend to agree but the second album was slightly better.


Last edited by Gravetemplar on Wed Jun 05, 2024 7:51 am, edited 1 time in total.
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alktrash
Metal newbie

Joined: Sat Feb 27, 2016 8:04 am
Posts: 227
Location: France
PostPosted: Wed Jun 05, 2024 7:04 am 
 

and now there's still 6 Batushka on MA, including two in Poland, funny fight for a generic name

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asphaalanx
Metal newbie

Joined: Thu Jul 20, 2006 3:04 am
Posts: 225
Location: Unknown
PostPosted: Wed Jun 05, 2024 7:16 am 
 

alktrash wrote:
and now there's still 6 Batushka on MA, including two in Poland, funny fight for a generic name

The three that aren't in Poland are parodies resultant from the drama.

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alktrash
Metal newbie

Joined: Sat Feb 27, 2016 8:04 am
Posts: 227
Location: France
PostPosted: Wed Jun 05, 2024 7:59 am 
 

ahah yes, I'm seing this, now that's funny. Still I mean there's 6 Suffocation on MA, noone seems to care that much ? (or maybe yes, trials?)

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Metal_On_The_Ascendant
Veteran

Joined: Fri May 22, 2015 6:38 am
Posts: 3066
PostPosted: Wed Jun 05, 2024 8:51 am 
 

CreepingDeath16 wrote:
Mild take: Derp and Barf both suck. Their music is a prime example of superficiality and aesthetics over anything of substance.

Image


Eh...let people enjoy things. The same could be said for Ghost, Behemoth, etc. I just said it about recent Rotting Christ.

Batushka managed to capture people's imagination initially and sometimes you need that with stylish bands. The album was pretty decent too. So I don't know if this is what I'd hold up as a "prime example".

My interest in all this drama has long since waned though.
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Lord_Lexy
Metalhead

Joined: Mon Feb 21, 2005 2:06 pm
Posts: 889
Location: Belgium
PostPosted: Wed Jun 05, 2024 9:23 am 
 

For those of us out of the loop, can somebody give a (juicy) recap of what has happened, please?
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alktrash
Metal newbie

Joined: Sat Feb 27, 2016 8:04 am
Posts: 227
Location: France
PostPosted: Wed Jun 05, 2024 10:30 am 
 

it's all there on wikipedia, Voici thing

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narsilianshard
Veteran

Joined: Fri Aug 14, 2009 12:22 pm
Posts: 3683
Location: PDX
PostPosted: Wed Jun 05, 2024 10:44 am 
 

It seems the ongoing Polish battle also caused Bart's ownership of the name in the US to be cancelled in 2022:

Quote:
The application was previously suspended until applicant provided a copy of a foreign registration from applicant’s country of origin or proof that the registration was renewed.

https://tsdr.uspto.gov/#caseNumber=8841 ... atusSearch

But that doesn't mean any Polish ruling is necessarily enforceable in the US, this shit could easily drag on another five years in multiple countries. It was always crazy to me that Metal Blade and Napalm wanted any part of this absolute mess.
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Metal_On_The_Ascendant
Veteran

Joined: Fri May 22, 2015 6:38 am
Posts: 3066
PostPosted: Wed Jun 05, 2024 11:20 am 
 

Lord_Lexy wrote:
For those of us out of the loop, can somebody give a (juicy) recap of what has happened, please?


Let the Internet's Busiest Music Nerd tell it:

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cultofkraken
Veteran

Joined: Tue Jan 11, 2005 1:18 am
Posts: 3044
Location: Canada
PostPosted: Wed Jun 05, 2024 4:33 pm 
 

If this is the case I’m glad to hear it. Bart is a scamming pos and con artist.
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SkullFracturingNightmare
Metalhead

Joined: Thu Nov 14, 2013 7:20 pm
Posts: 1191
Location: United States
PostPosted: Wed Jun 05, 2024 9:11 pm 
 

I was wondering the other day if anything had came of this whole debacle. Good to see the true owner of the band (Derph) won the rights.

Also, I can't help but find the statement made by Bart-ushka to be hilarious. The "Batushka Team", the eleven friggin' accounts tagged at the bottom.
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Runko
Metalhead

Joined: Thu Sep 11, 2014 1:38 pm
Posts: 694
PostPosted: Wed Jun 05, 2024 11:44 pm 
 

I just love how this is between two guys named Bart and Derp. Even better than Gorgoroth having a dude named Hat.

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