“Penza-Press” to follow “VPenze.ru” example by paying PenzaNews 52,000 rubles for photo use
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Penza, 19 May 2016. PenzaNews. The company “Penza-Press” will follow the example of triple-lawsuit-losing “VPenze.ru” by paying “VolgaInterMedia,” the founding body of PenzaNews, 52,000 rubles for illegal use of one image in the “Pro Gorod Penza” newspaper, as per the court decision.
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On Wednesday, May 18, the Intellectual Rights Court board of judges headed by judge Nikita Pogadaev turned down the appeal to the previous decision of the Penza region Arbitration Court which had been upheld by the Eleventh Arbitration Appeal Court.
The resolution published on the website of the Court states that its decision is effective on the day of adoption.
Just like with “VPenze.ru,” the case took just under a year to come to a closure through three instances after the Penza region Arbitration Court received the original claim on 8 June 2015, and, in a similar fashion, resulted in a full victory for “VolgaInterMedia.”
Moreover, the first session of the first instance court on reclamation of the complainant’s court expenses from the defendant – for a total sum of 60,550 rubles – was held on Thursday, May 19.
The representative of “Penza-Press” Radik Musautov requested to postpone the court session, claiming that since the case is not reviewed by an appeal court, the Arbitration Court “does not have the case materials, cannot compare the materials with claims by the complainant about the prepared processing documents and number of sessions with participants of the defendant, and is unable to include the documents provided by the complainant in the case files.”
Also, Radik Musautov claimed that he does not have all copies of complainant’s documents at hand: however, this argument was fully rebuked by the “VolgaInterMedia” president Ivan Malikov.
In conclusion, judge Stanislav Radin agreed with the defendant’s proposal and postponed the session to June 7.