- Joined
- Feb 9, 2020
Interesting development over the SCP logo lawsuit.
The bottom line is that the Federal Antimonopoly Service (legislative body in Russia that deals with antitrust stuff) recognized that Andrey Duksin wasn't the rightful owner of the SCP name/logo, but also that he didn't break the law. He will technically retain the trademark to SCP. His page on VK retains its designation as "official". This isn't surprising, given Russia's dealings in trademarks.
Here are some quotes from the VK thread on it. There is a good amount of salt from Russian SCP fans in there.
SCP's GoFundMe page for this lawsuit hasn't updated since Oct 18th when they were bragging about a small victory, even though this court decision was given on Nov 11th, 10 days ago at this point, and the SCP staff gave the lawyer the okay to post the results to the Russian public ("My clients have instructed me to share the progress of the process here"). Seems like Beattie and the rest of SCP don't want to really spill the beans that they technically didn't win much. Copers claim that this case was just about the blocking of the VK groups, and that the actual trademark dispute will be a subsequent case.
Duksin is free to keep the trademark, and although he has unblocked most of the previous VK groups he shut down, some are still shut down and it remains to be seen how VK will interpret the court's ruling, so. From what the lawyer says, SCP intends to build on this with further litigation. Looks promising that this will drag out for years.
The bottom line is that the Federal Antimonopoly Service (legislative body in Russia that deals with antitrust stuff) recognized that Andrey Duksin wasn't the rightful owner of the SCP name/logo, but also that he didn't break the law. He will technically retain the trademark to SCP. His page on VK retains its designation as "official". This isn't surprising, given Russia's dealings in trademarks.
Here are some quotes from the VK thread on it. There is a good amount of salt from Russian SCP fans in there.
Legal company "Hour of Justice"
Nov 11, 2020 at 3:55 pm
The final meeting of the SPb OFAS Russia was held to challenge the "SCP Foundation" trademark.
BRIEFLY: the trademark remained in the possession of Andrei Duksin, however, his actions to block Vkontakte publics were declared illegal.
As a reminder, Mr. Andrey Duksin, having registered this trademark and including elements originally distributed under a Creative Commons open license, subsequently made claims to a number of persons who sold souvenirs marked with these elements. We wrote more about this here: https://vk.com/@chaspravosud-chto-takoe-otkrytaya-lic ..
At about the same time, our company was approached by both the SCP Foundation management (administration of the Russian-language website) and Mr. A. Moroz, one of the entrepreneurs to whom Mr. Duksin made claims (and the only one to whom Mr. Duksin personally admitted), whose group in VK was blocked on his complaint. We decided to start the process by filing a complaint with the antimonopoly authorities regarding the violation of the law on the protection of competition by Mr. Duxin ( https://vk.com/@chaspravosud-fond-scp-vs-duksin-prome .. ). Before the start of the pandemic, we expected this to be the fastest option. Unfortunately, the proceedings lasted longer than the forecasted period.
During the consideration of the case, the federal antimonopoly body officially established the following significant facts:
1) the designation "The SCP Foundation was developed and created not by Mr. Duksin, but by third parties;
2) Mr. Duxin did not order the development of this designation from these persons;
3) these persons developed, created and used this designation not for subsequent transfer to Mr. Duksin."
The OFAS commission also pointed out that the actions of Mr. Duksin (attempts to close down publics and websites selling souvenir products on the subject of the Foundation) may be an independent act of unfair competition and lead to an unjustified monopoly on the use of this designation by him in relation to goods, works or services for which trademark legal protection does not apply.
The commission itself did not recognize the acquisition of the right to a trademark as a fact of unfair competition - at least in relation to Mr. Moroz. Nevertheless, we have achieved recognition that, if not the acquisition, then at least the use of the trademark by Mr. Duxin in the fight against the so-called "competitors" was illegal. It is very important.
We will continue to provide legal assistance to the administration of the Foundation within the framework of our obligations. The proceedings at the FAS are over, but this is obviously not the last stage of the work.
Nov 11, 2020 at 3:55 pm
The final meeting of the SPb OFAS Russia was held to challenge the "SCP Foundation" trademark.
BRIEFLY: the trademark remained in the possession of Andrei Duksin, however, his actions to block Vkontakte publics were declared illegal.
As a reminder, Mr. Andrey Duksin, having registered this trademark and including elements originally distributed under a Creative Commons open license, subsequently made claims to a number of persons who sold souvenirs marked with these elements. We wrote more about this here: https://vk.com/@chaspravosud-chto-takoe-otkrytaya-lic ..
At about the same time, our company was approached by both the SCP Foundation management (administration of the Russian-language website) and Mr. A. Moroz, one of the entrepreneurs to whom Mr. Duksin made claims (and the only one to whom Mr. Duksin personally admitted), whose group in VK was blocked on his complaint. We decided to start the process by filing a complaint with the antimonopoly authorities regarding the violation of the law on the protection of competition by Mr. Duxin ( https://vk.com/@chaspravosud-fond-scp-vs-duksin-prome .. ). Before the start of the pandemic, we expected this to be the fastest option. Unfortunately, the proceedings lasted longer than the forecasted period.
During the consideration of the case, the federal antimonopoly body officially established the following significant facts:
1) the designation "The SCP Foundation was developed and created not by Mr. Duksin, but by third parties;
2) Mr. Duxin did not order the development of this designation from these persons;
3) these persons developed, created and used this designation not for subsequent transfer to Mr. Duksin."
The OFAS commission also pointed out that the actions of Mr. Duksin (attempts to close down publics and websites selling souvenir products on the subject of the Foundation) may be an independent act of unfair competition and lead to an unjustified monopoly on the use of this designation by him in relation to goods, works or services for which trademark legal protection does not apply.
The commission itself did not recognize the acquisition of the right to a trademark as a fact of unfair competition - at least in relation to Mr. Moroz. Nevertheless, we have achieved recognition that, if not the acquisition, then at least the use of the trademark by Mr. Duxin in the fight against the so-called "competitors" was illegal. It is very important.
We will continue to provide legal assistance to the administration of the Foundation within the framework of our obligations. The proceedings at the FAS are over, but this is obviously not the last stage of the work.
Andrey Duxin
I have said many times that I have not broken any laws. And the official executive bodies have confirmed this.
But you just like to fight against someone?) As gopniks, you attack one person in a crowd - exactly the one who most of all in the Russian Federation develops the Foundation's universe by absolutely legal methods
----
I didn’t take anything from anyone. The site owners deliberately made me a villain and a villain who took something away from someone. But I did not take anything from anyone - I just issued papers that in no way limit the development of the Fund, but on the contrary - they allow it to develop to new horizons.
But who cares about this, if "the chief said that Andrey is an asshole," then Andrey is really an asshole. Ha)
Specialist - like a dog in the manger. Even if he does not know how to develop the Fund (because he lacks a number of skills for this), he will still try to drown those who "encroached on his power"
-----
And I deliberately deleted the video message [Duksin created a video promising he'd take down the trademark voluntarily before the lawsuit started]. Because I really wanted to meet you halfway and voluntarily cancel the trademark - that's why the video message was recorded. And then I got a huge amount of threats in PM against me, my family, my property, etc. I realized that I didn’t want to meet such people and gave up the idea of canceling the trademark - which, according to the law, I have every right
-----
Alexander, what was installed in the FAS and what Chasov wrote are generally different things. Or do you unconditionally believe the words of the defending loser lawyer?
world community recognized me as a villain solely because the Specialist wrote to the Anglics and they did not contact me and check his words. Why check if you can make money on crowdfunding by raising money to fight a Russian villain? And then the YouTubers replicated the "sensation" to have fun.
And the most cunning turned out to be Mr. Beatty, who also earned 160k dollars from this situation. I would not even be surprised if he did not share a cent of this amount with either the Specialist or Chusov.
-----
I repeat that the Antimonopoly Service stopped the proceedings, since the violations under Art. 14.4 (registration and use of the mark) did not find, but by 14.8 (other violations) - I followed the warning and unblocked the group that I asked for. Once again: I was not brought to justice, there are no signs of an administrative offense in my actions.
As for thinking about the CC license, my lawyer wrote quite a lot about it for the OFAS. Let's hope that the involved lawyer will post these documents - and I do not intend to additionally feed the community with news feeds
-----
The FAS admitted that I was not a monopolist and that my trademark was perfectly legal. And this will be a great argument to throw strikes for lies and slander on several third-rate YouTube channels) This week I will try to tackle this issue.
I have said many times that I have not broken any laws. And the official executive bodies have confirmed this.
But you just like to fight against someone?) As gopniks, you attack one person in a crowd - exactly the one who most of all in the Russian Federation develops the Foundation's universe by absolutely legal methods
----
I didn’t take anything from anyone. The site owners deliberately made me a villain and a villain who took something away from someone. But I did not take anything from anyone - I just issued papers that in no way limit the development of the Fund, but on the contrary - they allow it to develop to new horizons.
But who cares about this, if "the chief said that Andrey is an asshole," then Andrey is really an asshole. Ha)
Specialist - like a dog in the manger. Even if he does not know how to develop the Fund (because he lacks a number of skills for this), he will still try to drown those who "encroached on his power"
-----
And I deliberately deleted the video message [Duksin created a video promising he'd take down the trademark voluntarily before the lawsuit started]. Because I really wanted to meet you halfway and voluntarily cancel the trademark - that's why the video message was recorded. And then I got a huge amount of threats in PM against me, my family, my property, etc. I realized that I didn’t want to meet such people and gave up the idea of canceling the trademark - which, according to the law, I have every right
-----
Alexander, what was installed in the FAS and what Chasov wrote are generally different things. Or do you unconditionally believe the words of the defending loser lawyer?
world community recognized me as a villain solely because the Specialist wrote to the Anglics and they did not contact me and check his words. Why check if you can make money on crowdfunding by raising money to fight a Russian villain? And then the YouTubers replicated the "sensation" to have fun.
And the most cunning turned out to be Mr. Beatty, who also earned 160k dollars from this situation. I would not even be surprised if he did not share a cent of this amount with either the Specialist or Chusov.
-----
I repeat that the Antimonopoly Service stopped the proceedings, since the violations under Art. 14.4 (registration and use of the mark) did not find, but by 14.8 (other violations) - I followed the warning and unblocked the group that I asked for. Once again: I was not brought to justice, there are no signs of an administrative offense in my actions.
As for thinking about the CC license, my lawyer wrote quite a lot about it for the OFAS. Let's hope that the involved lawyer will post these documents - and I do not intend to additionally feed the community with news feeds
-----
The FAS admitted that I was not a monopolist and that my trademark was perfectly legal. And this will be a great argument to throw strikes for lies and slander on several third-rate YouTube channels) This week I will try to tackle this issue.
[To the lawyer on his VK account] Just say, "we fucked up." There was no need to trust you to protect the interests of the STSP. And now everything is fucked up. Duskin won and fas admits it
-----
Andrey, on the contrary, I was expecting exactly this. The fact that the Federal Antimonopoly Service has no competence in intellectual property follows almost from the name. There is another organ for this.
-----
Andrey, state the body recognized that you violated the law, and that the sign was not you invented, but the facts established by the state. authorities are usually accepted by the courts without additional evidence. The show is just beginning.
-----
Mr. Duksin, the road has been paved with good intentions and you know where, for the future, a little advice. If you decide to take the initiative - consult with the community, with the Fund administrators, after all, and do not use the imperfection of the copyright apparatus in the Russian Federation to put pressure on third-party publics, extortion of a percentage of income and give out your community (the arts are certainly beautiful, and the figures are not bad, mine homage) for the official SCP community, when it existed and still exists today.
Because from our side it only looks like parasitism on the Foundation universe for the sake of money, and nothing else, I say this, having comprehensively studied the problem. Don't be mean, have a nice day
-----
Andrey,
1) to block everyone and everything is NOT the development of the universe
2) appropriation of the signs of the fund and everything connected with it is NOT the development of the universe, and is NOT legal.
3) you personally did NOTHING for the development of the universe. To popularize it a little - I copied articles from the site and other people's (yes, under a free license) pictures and sold it all in a high-quality cover. Everything.
4) I repeat, appropriation of what is distributed under a free license is NOT legal
5) sat like a dog on hay, on a trademark, and prevent everyone from living in a row
6) Suck your ass
-----
ABNORMALLY LARGE AMOUNT OF SHIT IN THE ATMOSPHERE! COMRADES! BE CALM! HIDE THE SEAT DOORS AND WAIT FOR FURTHER INSTRUCTIONS!
-----
Andrey, I don't even know who to be for ...
On the one hand, you really did not act according to your conscience and privatized the sign, which is distributed according to the principle of the public domain, you did it on communities and websites ... well, you know what you did ...
On the other hand, the registration of the mark is recognized as legal, which means that your conscience is clear (although this is a hole in the laws of the Russian Federation, you yourself have not violated anything). And since you are the owner of the mark, then you have the right to demand interest for it ...
Emotions exceed the rules, because all the people took up arms against you, so also a foreign fund, which, even if its arms are not long, but if they grab it ...
In general, I will remain an independent observer who wants to see a solid foundation in strong, reliable and, most importantly, honest hands. Perhaps they will be you, perhaps they will be the foundation itself. Good luck Mr. D. Good luck, SCP Foundation
----
Denis, the Foundation should obviously not be ruled by a person for whom the main interest is not aesthetic, but material. [I'm sure the Russian branch is a much more innocent place. I wonder what these fans would think if they knew that the main branch is actually run by a bunch of self-righteous pedophiles for the express benefit of their ego and degeneracy.]
-----
everything is bad, you guys fucked up
-----
Andrey, on the contrary, I was expecting exactly this. The fact that the Federal Antimonopoly Service has no competence in intellectual property follows almost from the name. There is another organ for this.
-----
Andrey, state the body recognized that you violated the law, and that the sign was not you invented, but the facts established by the state. authorities are usually accepted by the courts without additional evidence. The show is just beginning.
-----
Mr. Duksin, the road has been paved with good intentions and you know where, for the future, a little advice. If you decide to take the initiative - consult with the community, with the Fund administrators, after all, and do not use the imperfection of the copyright apparatus in the Russian Federation to put pressure on third-party publics, extortion of a percentage of income and give out your community (the arts are certainly beautiful, and the figures are not bad, mine homage) for the official SCP community, when it existed and still exists today.
Because from our side it only looks like parasitism on the Foundation universe for the sake of money, and nothing else, I say this, having comprehensively studied the problem. Don't be mean, have a nice day
-----
Andrey,
1) to block everyone and everything is NOT the development of the universe
2) appropriation of the signs of the fund and everything connected with it is NOT the development of the universe, and is NOT legal.
3) you personally did NOTHING for the development of the universe. To popularize it a little - I copied articles from the site and other people's (yes, under a free license) pictures and sold it all in a high-quality cover. Everything.
4) I repeat, appropriation of what is distributed under a free license is NOT legal
5) sat like a dog on hay, on a trademark, and prevent everyone from living in a row
6) Suck your ass
-----
ABNORMALLY LARGE AMOUNT OF SHIT IN THE ATMOSPHERE! COMRADES! BE CALM! HIDE THE SEAT DOORS AND WAIT FOR FURTHER INSTRUCTIONS!
-----
Andrey, I don't even know who to be for ...
On the one hand, you really did not act according to your conscience and privatized the sign, which is distributed according to the principle of the public domain, you did it on communities and websites ... well, you know what you did ...
On the other hand, the registration of the mark is recognized as legal, which means that your conscience is clear (although this is a hole in the laws of the Russian Federation, you yourself have not violated anything). And since you are the owner of the mark, then you have the right to demand interest for it ...
Emotions exceed the rules, because all the people took up arms against you, so also a foreign fund, which, even if its arms are not long, but if they grab it ...
In general, I will remain an independent observer who wants to see a solid foundation in strong, reliable and, most importantly, honest hands. Perhaps they will be you, perhaps they will be the foundation itself. Good luck Mr. D. Good luck, SCP Foundation
----
Denis, the Foundation should obviously not be ruled by a person for whom the main interest is not aesthetic, but material. [I'm sure the Russian branch is a much more innocent place. I wonder what these fans would think if they knew that the main branch is actually run by a bunch of self-righteous pedophiles for the express benefit of their ego and degeneracy.]
-----
everything is bad, you guys fucked up
SCP's GoFundMe page for this lawsuit hasn't updated since Oct 18th when they were bragging about a small victory, even though this court decision was given on Nov 11th, 10 days ago at this point, and the SCP staff gave the lawyer the okay to post the results to the Russian public ("My clients have instructed me to share the progress of the process here"). Seems like Beattie and the rest of SCP don't want to really spill the beans that they technically didn't win much. Copers claim that this case was just about the blocking of the VK groups, and that the actual trademark dispute will be a subsequent case.
Duksin is free to keep the trademark, and although he has unblocked most of the previous VK groups he shut down, some are still shut down and it remains to be seen how VK will interpret the court's ruling, so. From what the lawyer says, SCP intends to build on this with further litigation. Looks promising that this will drag out for years.
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