Belsat TV vs Belsatplus: Retrial advanced to September, 2

The Supreme Court of Belarus is to start hearing at 10 am on September, 2 instead of September, 4, Mikhas Yanchuk, Belsat TV representative in Belarus, says. No reasons for rescheduling have been given, he adds.

In June the Presidium of the Belarusian Supreme Court adjudged a reconsideration of our channel’s case which was closed in late January.

On January 27, 2014 the Supreme Court did not settle the claims of Andrey Belyakou, the owner of company BELSATplus, who accused television Belsat TV of illegal using its trade mark and wanted the court to ban us from it. Moreover, he insisted on making satellite ASTRA stop Belsat’s transmission.

‘The judicial panel believes that the plaitiff failed to adduce evidence of the defendant’s violating the exclusive rights of using trade mark BELSAT in the territory of Belarus <…>. The evidence provided do not prove the defendant’s using the trade mark in the territory of Belarus. [The trade mark was used] neither during Belsat TV’s broadcast nor on its website,’ the judgement said.

On June, 13 it became known that Andrey Fedartsou, a Deputy Chair of the Supreme Court, ordered to take a second look to the case. According to him, the verdict was delivered without giving ‘careful consideration’ to the problem.

Our TV channel and its domain name were registered in Poland. As we do not broadcast from the territory of Belarus the trade mark does not fall within its jurisdiction. Furthermore, the channel is registered as Belsat TV; the registration name of the unitary enterprise is BELSATplus (certificate No 190991566).

Mr Belyakou’s company sells satellite and cable TV equipment. In conformity with the law, one cannot block a trade mark unless it is used in the field given, i.e. broadcasting and production of TV programs). BELSATplus has not been engaged in the activities mentioned.

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