Another attack on independent media: Belsat TV loses case over trade mark


Today the Supreme Court of Belarus has retried the case BelsatPlus vs Belsat TV. Although plaintiff Andrey Belyakou failed to show any new evidence, the verdict passed is against us. The judges has forbidden Belsat TV to use its name and trade mark.

Andrey Belyakou, the owner of company BELSATplus, accused television Belsat TV of illegal using its trade mark and wanted the court to ban us from it.

“According to the court, the fact that Belsat TV broadcasts its programs to the territory of Belarus proves that it acts in the territory of Belarus, thereby violating the Belarusian law as it uses the trademark Belsat TV,” Mikhas Yanchuk, the channel’s representative in Belarus, says. “The court has also compelled Belsat TV to reimburse trial costs (appr. $960) to the plaintiff,” he adds.

The sentence won’t affect the channel’s work, Mr Yanchuk believes. “The court that prohibited using the trade mark may place belsat.eu on the list of forbidden websites. In this case one will be able to visit it with the help of special software applications,” he suggests.

This verdict is not a flash in the pan, Mikhas Yanchuk says. Belarusian Foreign Minister Makey’s visit to Warsaw has just come to an end. It was successful and may result in the improvement of the relations between Belarus and Poland, the EU in general. And suddenly a decision which aims to torpedo the work of the main project of the Polish Foreign Ministry is taken. Thus, Belarus has certain forces that have a stake in undermining this thaw,” he points out.

It is hardly possible to put the prohibition on using Belsat TV logo into practice in the territory of Belarus because it is registered in Poland and the EU, the channel’s director Agnieszka Romaszewska Guzy says. For this reason the trade mark may be used in satellite TV programs and online.

According to her, the lawsuit against Belsat TV is politically motivated, and today’s verdict to ban us from using the trade mark is another proof of the government’s keeping control over the case. 

On January 27, 2014 the Supreme Court did not settle Mr Belyakou’s claims. But in June, 2014 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. This time another panel of judges was considering the case.

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.

TWITTER