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YEREVAN PRESS CLUB WEEKLY NEWSLETTER
SEPTEMBER 13-19, 2013
HIGHLIGHTS:
CRIMINAL PROCEEDINGS INSTITUTED UPON CASE OF CIVIC ACTIVISTS
LITIGATION BETWEEN FOUNDERS OF "ES? YES!" AND "ES EM." MAGAZINE OVER
TRADEMARK INFRINGEMENT
CRIMINAL PROCEEDINGS INSTITUTED UPON CASE OF CIVIC ACTIVISTS
On September 14, Kentron Police Department of Yerevan instituted criminal
proceedings over the attack against Haykak Arshamian, Project Coordinator of
Yerevan Press Club, and Suren Saghatelian, Board member of Transparency
International Anti-Corruption Center, on charges of Articles 113
("Infliction of willful medium-gravity damage to health") and 118
("Battery") of the RA Criminal Code. As we have reported, in the evening of
September 5, Haykak Arshamian and Suren Saghatelian were brutally beaten up.
The two activists were hospitalized with bruises and fractures. On September
10 - only on the fifth day following the assault - Haykak Arshamian and
Suren Saghatelian underwent forensic examination. The statement
disseminated on September 6 in connection
with the acts of violence against the Armenian civic activists and signed by
more than 4 dozens of civil society organizations, particularly noted that
Yerevan Press Club and Transparency International Anti-Corruption Center,
the representatives of which were brutally attacked, are largely involved in
the activities of the Eastern Partnership Civil Society Forum, meanwhile,
civic activists Haykak Arshamian and Suren Saghatelian are public figures
and carry out their social activities within a legal framework. The authors
of the statement assessed the incident as intimidation against NGOs,
independent media, public figures and active citizens, who raise voice of
protest against the Armenian authorities and urged "the civil society and
all the free citizens to remain strong, not to retreat before the hired
thugs and their patrons, to continue the struggle for their personal rights
and freedoms". Statements, condemning the incident, were also made by the
Council of Europe Commissioner for Human Rights Nils Muiznieks, the Steering
Committee of the Eastern Partnership Civil Society Forum and the Amnesty
International (see details in YPC Weekly Newsletter, September 6-12, 2013
).
On September 13, the EU Delegation to Armenia urged the Armenian authorities
to "take up immediate and firm steps to make the perpetrators accountable
without delay", and recalled that "respecting democratic principles and
fundamental human rights and freedoms are still major elements of EU-Armenia
bilateral agenda".
LITIGATION BETWEEN FOUNDERS OF "ES? YES!" AND "ES EM." MAGAZINE OVER
TRADEMARK INFRINGEMENT
On September 12, "PanArm Publishing House" CJSC, founder of "Es? Yes!"
magazine, disseminated a press release regarding the lawsuit, filed against
"Ani Kochar Production" LLC, founder of "Es Em." ("It's Me.") magazine. As
stated in the press release, "PanArm Publishing House" is the owner of the
trademark, copyright and related property rights to "Es? Yes!" magazine (as
approved in the certificate of August 30, 2011). After learning that the
magazine "Es Em." (Ani Kochar is the Chief Editor) was issued under a name
that, according to "PanArm Publishing House", is confusingly similar to "Es?
Yes!" the publishing house decided to appeal the court. On September 10, the
Court of General Jurisdiction of Ajapnyak and Davitashen Administrative
Districts of Yerevan submitted into consideration the lawsuit claiming to
bind "Ani Kochar Production" not to infringe the trademark and the rights of
"PanArm Publishing House" related to it. At the same time, the plaintiff
petitioned the Court to prohibit further publication and distribution of the
magazine "Es Em." - as a measure to secure the claim. The petition was
granted.
According to the press release, "Es? Yes!" magazine was founded by the "CS
Publishing House" CJSC in 2006 (see YPC Weekly Newsletter, May 12-18, 2006
). In July 2012, "CS Publishing
House" changed its name to "PanArm Publishing House" and joined the
"PanArmenian Media Group" holding. Since the day of the foundation of "Es?
Yes!" Ani Kochar was appointed as acting editor-in-chief of the magazine.
Later on, she assumed the post of Chief Editor and worked there until March
1, 2011. In September 2011, "PanArm Publishing House" signed a license
agreement with "Ani Kochar Production" LLC authorizing the use of the "Es?
Yes!" trademark. In August 2013, the contract was terminated, about which
"Ani Kochar Production" received a prior written notice.
In her turn, Ani Kochar presented her position in an interview published in
"Chorrord Inknishkhanutiun" on September 13, 2013,
"I Am Not the One Who Gives up Easily". She particularly stated that the
dispute with "PanArm Publishing House", which consequently brought to her
dismissal, arose because of her active civic engagement and independent
stance (Ani Kochar was in the electoral list of "Barev, Yerevan" bloc at the
May 6, 2013 elections to Yerevan Council of Elders). According to her, the
editorial office of "Es Em." learned about the lawsuit only on September 12,
when the booth keepers informed that they had been presented with a document
prohibiting the sale of the magazine.
When reprinting or using the information above, reference to the Yerevan
Press Club is required.
You are welcome to send any comment and feedback about the Newsletter to:
[email protected]
Subscription for the Newsletter is free. To subscribe or unsubscribe from
this mailing list, please send a message to: [email protected]
Editor of YPC Newsletter - Elina POGHOSBEKIAN
____________________________________________
Yerevan Press Club
9B, Ghazar Parpetsi str.
0002, Yerevan, Armenia
Tel.: (+ 374 10) 53 00 67; 53 35 41; 53 76 62
Fax: (+374 10) 53 56 61
E-mail: [email protected]
Web Site: www.ypc.am
SEPTEMBER 13-19, 2013
HIGHLIGHTS:
CRIMINAL PROCEEDINGS INSTITUTED UPON CASE OF CIVIC ACTIVISTS
LITIGATION BETWEEN FOUNDERS OF "ES? YES!" AND "ES EM." MAGAZINE OVER
TRADEMARK INFRINGEMENT
CRIMINAL PROCEEDINGS INSTITUTED UPON CASE OF CIVIC ACTIVISTS
On September 14, Kentron Police Department of Yerevan instituted criminal
proceedings over the attack against Haykak Arshamian, Project Coordinator of
Yerevan Press Club, and Suren Saghatelian, Board member of Transparency
International Anti-Corruption Center, on charges of Articles 113
("Infliction of willful medium-gravity damage to health") and 118
("Battery") of the RA Criminal Code. As we have reported, in the evening of
September 5, Haykak Arshamian and Suren Saghatelian were brutally beaten up.
The two activists were hospitalized with bruises and fractures. On September
10 - only on the fifth day following the assault - Haykak Arshamian and
Suren Saghatelian underwent forensic examination. The statement
disseminated on September 6 in connection
with the acts of violence against the Armenian civic activists and signed by
more than 4 dozens of civil society organizations, particularly noted that
Yerevan Press Club and Transparency International Anti-Corruption Center,
the representatives of which were brutally attacked, are largely involved in
the activities of the Eastern Partnership Civil Society Forum, meanwhile,
civic activists Haykak Arshamian and Suren Saghatelian are public figures
and carry out their social activities within a legal framework. The authors
of the statement assessed the incident as intimidation against NGOs,
independent media, public figures and active citizens, who raise voice of
protest against the Armenian authorities and urged "the civil society and
all the free citizens to remain strong, not to retreat before the hired
thugs and their patrons, to continue the struggle for their personal rights
and freedoms". Statements, condemning the incident, were also made by the
Council of Europe Commissioner for Human Rights Nils Muiznieks, the Steering
Committee of the Eastern Partnership Civil Society Forum and the Amnesty
International (see details in YPC Weekly Newsletter, September 6-12, 2013
).
On September 13, the EU Delegation to Armenia urged the Armenian authorities
to "take up immediate and firm steps to make the perpetrators accountable
without delay", and recalled that "respecting democratic principles and
fundamental human rights and freedoms are still major elements of EU-Armenia
bilateral agenda".
LITIGATION BETWEEN FOUNDERS OF "ES? YES!" AND "ES EM." MAGAZINE OVER
TRADEMARK INFRINGEMENT
On September 12, "PanArm Publishing House" CJSC, founder of "Es? Yes!"
magazine, disseminated a press release regarding the lawsuit, filed against
"Ani Kochar Production" LLC, founder of "Es Em." ("It's Me.") magazine. As
stated in the press release, "PanArm Publishing House" is the owner of the
trademark, copyright and related property rights to "Es? Yes!" magazine (as
approved in the certificate of August 30, 2011). After learning that the
magazine "Es Em." (Ani Kochar is the Chief Editor) was issued under a name
that, according to "PanArm Publishing House", is confusingly similar to "Es?
Yes!" the publishing house decided to appeal the court. On September 10, the
Court of General Jurisdiction of Ajapnyak and Davitashen Administrative
Districts of Yerevan submitted into consideration the lawsuit claiming to
bind "Ani Kochar Production" not to infringe the trademark and the rights of
"PanArm Publishing House" related to it. At the same time, the plaintiff
petitioned the Court to prohibit further publication and distribution of the
magazine "Es Em." - as a measure to secure the claim. The petition was
granted.
According to the press release, "Es? Yes!" magazine was founded by the "CS
Publishing House" CJSC in 2006 (see YPC Weekly Newsletter, May 12-18, 2006
). In July 2012, "CS Publishing
House" changed its name to "PanArm Publishing House" and joined the
"PanArmenian Media Group" holding. Since the day of the foundation of "Es?
Yes!" Ani Kochar was appointed as acting editor-in-chief of the magazine.
Later on, she assumed the post of Chief Editor and worked there until March
1, 2011. In September 2011, "PanArm Publishing House" signed a license
agreement with "Ani Kochar Production" LLC authorizing the use of the "Es?
Yes!" trademark. In August 2013, the contract was terminated, about which
"Ani Kochar Production" received a prior written notice.
In her turn, Ani Kochar presented her position in an interview published in
"Chorrord Inknishkhanutiun" on September 13, 2013,
"I Am Not the One Who Gives up Easily". She particularly stated that the
dispute with "PanArm Publishing House", which consequently brought to her
dismissal, arose because of her active civic engagement and independent
stance (Ani Kochar was in the electoral list of "Barev, Yerevan" bloc at the
May 6, 2013 elections to Yerevan Council of Elders). According to her, the
editorial office of "Es Em." learned about the lawsuit only on September 12,
when the booth keepers informed that they had been presented with a document
prohibiting the sale of the magazine.
When reprinting or using the information above, reference to the Yerevan
Press Club is required.
You are welcome to send any comment and feedback about the Newsletter to:
[email protected]
Subscription for the Newsletter is free. To subscribe or unsubscribe from
this mailing list, please send a message to: [email protected]
Editor of YPC Newsletter - Elina POGHOSBEKIAN
____________________________________________
Yerevan Press Club
9B, Ghazar Parpetsi str.
0002, Yerevan, Armenia
Tel.: (+ 374 10) 53 00 67; 53 35 41; 53 76 62
Fax: (+374 10) 53 56 61
E-mail: [email protected]
Web Site: www.ypc.am