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Fotozhabu could cause litigation
Meshchansky Court in Moscow today, on June 24 began its consideration of the claim of "Aeroflot" on the protection of business reputation to the famous Russian designer Artemy Lebedev. The reason for the airline to court become harsh statements of the defendant in the "Live Journal". Lebedev, who sells tickets for almost 3 thousand dollars after the end of registration could not get on the flight. Angered by the artist blamed the "Aeroflot" that he stole money.
The story, which was the basis of the proceedings occurred on August 19 [next] last year at the airport "Sheremetyevo". On this day, Artemy Lebedev had planned to fly to Spain. For some reason, he did not advance a ticket bought, determined to buy it at the airport. Direct flight to Barcelona, economy-class cost is not cheap - more than 87 thousand rubles. However, this did not stop the traveler. Despite the fact that prior to departure had less than an hour, tickets sold Lebedev. But when a passenger approached the front desk, he was denied boarding a plane, justifying this by saying that the paperwork has been completed. Money is not returned to him.
September 8 outraged actions of airlines Lebedev described the incident on his page in the "Live Journal". He minced no words and used in his narrative profanity. Finally, he offered visitors to Learn "otzhabit" (ie make changes to an image with a photo editor) logo.
I must say that after the money Lebedev still returned. This happened almost a month and a half after the correspondence of himself and his lawyers with the airline.
"Aeroflot" and offended expression "fotozhaby»
It has been almost a year. "Aeroflot" has decided to go to court. Moreover, the applicant does not put forward financial claims he only asked to recover attorneys' fees and legal costs.
The lawsuit asks the court to recognize the airline information contained defendant blog, untrue and damaging to her reputation. The plaintiff also requires that Lebedev published a rebuttal on his page on "Learn».
Use of the logo of the company to "fotozhab" and her signature under "Those still bl * di" "Aeroflot" regarded as unlawful use of a trademark, and therefore asked the court to stop violations of the defendant.
"But we are the legal owner of the logo of the airline and Lebedev did not give permission for its use and recycling," - said in court representing the interests of the plaintiff's lawyer Tatyana Galtseva.
She pointed out that the language used by Lebedev, are not simply insulting statements: using profanity, Lebedev airline actually accused of stealing his money as one of the words that he used, is synonymous with the word "theft».
The defendant did not come to court. His lawyers have rejected all charges against Lebedev claims. "We must first have the honor, before saying that it denigrated," - he said representing the interests of Lebedev in court lawyer Lyudmila Maksimenko. She stressed that all written by her principal - the truth: "Aeroflot" illegally used the funds of my principal. However, rather than to apologize and return the money he still goes to court.
"Passengers do not need to know the rules»
Maksimenko noted that the airline does not have the right to sell it to the principal ticket is less than an hour before departure, because the rules of carriage by air of passengers and baggage prohibit the sale of tickets in less than 40 minutes before departure. This can be done only in exceptional cases and only with the permission of the airline.
"Lebedev cashier ticket sold at 19:32, while the aircraft was supposed to depart at 20:05," - said Maksimenko.
Explanations cashier "Aeroflot" that the passenger persuaded her to sell the tickets, the lawyer called untenable. In her view, the staff of "Aeroflot" had to comply strictly with the law. "Passengers also do not have to know the rules of ticket sales, as it applies for the service," - said Maksimenko.
She stressed that it is not the principal accused "Aeroflot" in the theft. His words can not be considered oskorbitenymi as they correspond to reality, considering a lawyer.
Lebedev's second representative - a lawyer Eugene Potanin, in turn, said that any use of the trademark "Aeroflot" was not, as Lebedev did not provide their services "Living Magazine". "The plaintiff wants to prohibit any creative people to express their thoughts" - outraged lawyer.
It is worth noting that both sides - the plaintiff and the defendant - brought to court his linguistic studies words Lebedev. However, the conclusions of experts from the respondent was not satisfied with the representative of "Aeroflot". Tatiana Galtseva petitioned the court to appoint an independent examination.
But before that, she asked me to give her time to gather evidence to refute the arguments of its opponents. Court went to meet a lawyer, to suspend the process until July 27. By this time, the representative plaintiff must submit to the Court a number of certified documents. In particular, the imposition of penalties on the cashier and correspondence with the designer.
Artemy Lebedev in 1995 founded the studio WebDesign (in 1998 renamed the "Lebedev Studio"), which is one of the largest and most expensive web design studios in RuNet. Currently, the company employs more than 200 people. The studio is engaged in graphic design, website development and designing interfaces. Since 2001 she has also been engaged in industrial design. The main office is located in Moscow studio, one - in Kiev. In addition to the design activity, Lebedev is known as a traveler. On his personal website, he published pictures and reports about the trips to various countries.
News Online «BFM.RU»
Just blogger ordered examination of words, which he placed in his post about the company "Aeroflot.»
Expertise attached
Source:
The story, which was the basis of the proceedings occurred on August 19 [next] last year at the airport "Sheremetyevo". On this day, Artemy Lebedev had planned to fly to Spain. For some reason, he did not advance a ticket bought, determined to buy it at the airport. Direct flight to Barcelona, economy-class cost is not cheap - more than 87 thousand rubles. However, this did not stop the traveler. Despite the fact that prior to departure had less than an hour, tickets sold Lebedev. But when a passenger approached the front desk, he was denied boarding a plane, justifying this by saying that the paperwork has been completed. Money is not returned to him.
September 8 outraged actions of airlines Lebedev described the incident on his page in the "Live Journal". He minced no words and used in his narrative profanity. Finally, he offered visitors to Learn "otzhabit" (ie make changes to an image with a photo editor) logo.
I must say that after the money Lebedev still returned. This happened almost a month and a half after the correspondence of himself and his lawyers with the airline.
"Aeroflot" and offended expression "fotozhaby»
It has been almost a year. "Aeroflot" has decided to go to court. Moreover, the applicant does not put forward financial claims he only asked to recover attorneys' fees and legal costs.
The lawsuit asks the court to recognize the airline information contained defendant blog, untrue and damaging to her reputation. The plaintiff also requires that Lebedev published a rebuttal on his page on "Learn».
Use of the logo of the company to "fotozhab" and her signature under "Those still bl * di" "Aeroflot" regarded as unlawful use of a trademark, and therefore asked the court to stop violations of the defendant.
"But we are the legal owner of the logo of the airline and Lebedev did not give permission for its use and recycling," - said in court representing the interests of the plaintiff's lawyer Tatyana Galtseva.
She pointed out that the language used by Lebedev, are not simply insulting statements: using profanity, Lebedev airline actually accused of stealing his money as one of the words that he used, is synonymous with the word "theft».
The defendant did not come to court. His lawyers have rejected all charges against Lebedev claims. "We must first have the honor, before saying that it denigrated," - he said representing the interests of Lebedev in court lawyer Lyudmila Maksimenko. She stressed that all written by her principal - the truth: "Aeroflot" illegally used the funds of my principal. However, rather than to apologize and return the money he still goes to court.
"Passengers do not need to know the rules»
Maksimenko noted that the airline does not have the right to sell it to the principal ticket is less than an hour before departure, because the rules of carriage by air of passengers and baggage prohibit the sale of tickets in less than 40 minutes before departure. This can be done only in exceptional cases and only with the permission of the airline.
"Lebedev cashier ticket sold at 19:32, while the aircraft was supposed to depart at 20:05," - said Maksimenko.
Explanations cashier "Aeroflot" that the passenger persuaded her to sell the tickets, the lawyer called untenable. In her view, the staff of "Aeroflot" had to comply strictly with the law. "Passengers also do not have to know the rules of ticket sales, as it applies for the service," - said Maksimenko.
She stressed that it is not the principal accused "Aeroflot" in the theft. His words can not be considered oskorbitenymi as they correspond to reality, considering a lawyer.
Lebedev's second representative - a lawyer Eugene Potanin, in turn, said that any use of the trademark "Aeroflot" was not, as Lebedev did not provide their services "Living Magazine". "The plaintiff wants to prohibit any creative people to express their thoughts" - outraged lawyer.
It is worth noting that both sides - the plaintiff and the defendant - brought to court his linguistic studies words Lebedev. However, the conclusions of experts from the respondent was not satisfied with the representative of "Aeroflot". Tatiana Galtseva petitioned the court to appoint an independent examination.
But before that, she asked me to give her time to gather evidence to refute the arguments of its opponents. Court went to meet a lawyer, to suspend the process until July 27. By this time, the representative plaintiff must submit to the Court a number of certified documents. In particular, the imposition of penalties on the cashier and correspondence with the designer.
Artemy Lebedev in 1995 founded the studio WebDesign (in 1998 renamed the "Lebedev Studio"), which is one of the largest and most expensive web design studios in RuNet. Currently, the company employs more than 200 people. The studio is engaged in graphic design, website development and designing interfaces. Since 2001 she has also been engaged in industrial design. The main office is located in Moscow studio, one - in Kiev. In addition to the design activity, Lebedev is known as a traveler. On his personal website, he published pictures and reports about the trips to various countries.
News Online «BFM.RU»
Just blogger ordered examination of words, which he placed in his post about the company "Aeroflot.»
Expertise attached
Source:
