Andrey Belyakou claims that television Belsat TV has been illegally using its trade mark. The trial was to begin on November 11. On the morning of this day the Supreme Court upheld the plea of the Belsat TV official representative Mikhail Yanchuk to defer the hearing for a later date.
According to the claimant, the trademark owner sells satellite and cable TV equipment. The company was established by Siarhei Lysyankou in 2003 under the style of Hitech-Market.
In May, 2006 it became known that our channel, Belsat TV, was being established. A month later Mr Lysyankou transferred the rights for the trade mark to Mr Belyakou. The latter renamed the firm into Unitary Enterprise BELSATplus. In 2011 a contraction form of word ‘television’ – TV – appeared in the company’s specification referring to cable television.
‘One can meet such coincidence only in fairy-tales,’ Agnieszka Romaszewska-Guzy, Belsat TV Director, says.
But our TV channel and its domain name have been 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).
A summons was received on November 5, the case is to be tried as early as November, 11. Today is a holiday in Belarus; therefore, we have difficulty finding and qualifying a person to represent Belsat TV in court. Besides, November, 11 is the Independence Day in Poland. In connection with this Belsat TV is asking the court to defer the hearing to a later date.
‘It is evident that someone wants to make the things difficult for us. In the European Union everyone strictly obeys the letter of the law, especially copyrights law, that is why Belarus’ authorities aim to create the impression of our acting against the laws. In my opinion, a sentence will be used as a reason for another denial of state accreditation of Belsat TV,’ Mrs Romaszewska-Guzy says.
It is curious that BELSATplus is not seeking any money compensation: its only demand is to make satellite ASTRA stop Belsat’s transmission.
Belsat TV is available through the most popular satellite in Belarus – Astra 4A (old name Sirius 4), position 4,8 degrees E, polarization H, frequency 12 380 MHZ.