Батюшка в суде

After the very publicly controversial split / name dispute that made Bartłomiej Krysiuk’s Batushka and Krzysztof Drabikowski’s Батюшка spawn out of the original Batushka, during which time both incarnations toured and released music using the «Batushka» name, it seems like the Polish legal system has finally reached a conclusion about the name ownership.

This post was shared by Krzysztof Drabikowski’s Батюшка’s Facebook page with the following translation: «»On May 29, 2024, in Warsaw, at a non-public hearing in the case of Krzysztof Drabikowski v. Bartłomiej Krysiuk for the protection of personal rights in the field of advertising or promotion, for the protection of copyright, and in the case of a counterclaim by Bartłomiej Krysiuk v. Krzysztof Drabikowski for the protection of personal rights in the field of advertising or promotion, prevention and combating unfair competition, for infringement of the right to registration of a European Union trademark, the court ruled in the main claim Prohibits Bartłomiej Krysiuk, without
the consent of Krzysztof Drabikowski:

«- 1 from using the name «Batushka or БАТЮШКА» in his musical activities including marking with this name musical recordings and audiovisual recordings containing musical recordings;

«- 2 Prohibits the defendant Bartłomiej Krysiuk from disseminating information that he has exclusive rights to the name «Batushka or БАТЮШКА», and that Krzysztof Drabikowski does not have rights to this name.»

Though it does seem like the decision of the court has been reached in favor of Drabikowski, Bartłomiej Krysiuk’s Batushka claim that the decision is not final and can be appealed against. The band’s team posted the following message: «In connection with the judgment of the District Court in Warsaw, XXII Intellectual Property Division, we would like to inform you that the judgment is not final and may be appealed against. We are disappointed with the verdict and the length of the trial, which lasted over four years. Adding to our sense of disappointment is the fact that the amount of evidence we presented was insufficient. The above court decision is not binding and does not change our concert and publishing plans in the near future. We would also like to remind you that final court judgments are enforceable, i.e. those against which no complaint was filed within the deadline specified in the proceedings, and if a final judgment is passed in the next court instance, we will certainly respect it and comply with it. Of course, we expect another wave of hate, so please, if you are our fan, do not engage in pointless discussions and do not waste your time, listen to our music and support us.»