Penza, 10 October 2016. PenzaNews. Examination of the cassation appeal of LLC VolgaInterMedia in Alexander Tuzov’s case to the decision of the Arbitration Court and organizing court of appeal in Samara, according to which 265 thousand rubles were earlier collected from the individual entrepreneur for 53 cases of illegal use of photos of PenzaNews agency, will take place in the court for intellectual property rights in Moscow on November 9.

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“The individual entrepreneur Alexander Vladislavovich Tuzov and third parties should provide a motivated feedback on the appeal, it should be prepared and directed to the persons participated in the case and the court in accordance with Art. 279 of the Arbitration Procedural Code of the Russian Federation,” says the determination to appeal proceedings given by the judge Natalia Rassomagina.

Previously, the president of LLC VolgaInterMedia Ivan Malikov said that he was surprised by some statements of the resolution of the Eleventh Arbitration Court, according to which the decision made by the Arbitration Court of the Penza region was left unchanged, due to lack of repeated violations of the respondent.

The claimant disagreed only with the decision applying p.3 Art 1252 of the Civil Court of the Russian Federation and lowering the compensation amount twice, and therefore filed a cassation appeal, which for some reason was sent to Kazan instead of Moscow – to the Arbitration Court of the Volga okrug.

In the appeal, the lawyers of LLC VolgaInterMedia in the form of a table presented evidence of the defendant’s repeated violations – in total, 53 cases of illegal use of photos in 47 articles published on different dates and time on the website pages with unique URL-addresses.

Under the conditions when one court does not see or does not want to see the obvious, and the other one seems to not even try to study the situation in detail, it becomes very interesting to learn the opinion of a specialized court. It is a question of principle,” Ivan Malikov said.

According to him, earlier the company received a copy of the appeal from Alexander Tuzov, which he also sent to the court for intellectual property rights.

“It is no point commenting on it. There are 15 sheets – about nothing, just some speculations. The Tusov’s appeal itself is the apotheosis of his illogical behavior, which I was speaking about back in the early August. After the appeal, he bustled about with the account details trying to transfer the money and as soon as possible and apparently to forget this long-term chame as a nightmare. Clearly, if a person voluntarily executes the court’s decision, he agrees with it. It turns out that in summer Tuzov admitted his defeat since he paid the entire sum. But then the dreary autumn came, and his reflections on the injustice of existence turned into the appeal,” the head of the media company joked.