The monument to postman Pechkin violated copyright: an unexpected court decision
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An entrepreneur will have to pay a fine for selling a sculpture of a popular character.
The old woman Shapoklyak and the postman Pechkin were involved in the trial. The film studio won a lawsuit against an online store from Klin near Moscow, which violated copyright by putting up for sale sculptures in the form of famous cartoon characters.
As MK found out, filmmakers turned to Themis with a claim for violation of exclusive rights to trademarks and cartoon characters. The defendant was a store that offered for sale products made from various materials. At the beginning of 2022, two popular Soviet cartoon characters appeared in the company’s catalog – the postman Pechkin and the old woman Shapoklyak. Wooden statues in the form of these characters were offered to buyers. Thus, the postman Pechkin was sold for placement in a park or other public place. In the description, the seller stated that the author depicted Pechkin as an exact copy of the cartoon character. According to the entrepreneur, seeing a postman in the park is like meeting an old friend. Therefore, the flow of visitors who want to take photos with him will be ensured.
The film studio, the holder of exclusive rights to the trademark and characters, demanded a total of 40,000 rubles for the unlawful use of the image, as well as compensation for legal expenses. The Klin City Court found that the seller did not even try to contact the copyright holder to obtain permission to use the image legally. The judge decided to fully satisfy the film studio’s claims. The store was ordered to pay compensation of 20,000 rubles for violating the rights to both trademarks and 20,000 rubles for violating the rights to both characters. In addition, the entrepreneur must reimburse the plaintiff for legal costs, including the costs of recording the violation – more than 5,000 rubles.
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The monument to postman Pechkin violated copyright
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