Parlophone seeks to recover $34,500 from Colgate-Palmolive for Blur song
MOSCOW, February 13 (RAPSI) – Russia’s Intellectual property court (IP Court) has remitted a claim of British Parlophone records Limited to AO Colgate-Palmolive and OOO Wavemaker seeking to recover 2.2 million rubles (about $34,500) in compensation for an infringement on its exclusive right to a Blur's song record, the court’s ruling reads.
The Moscow Commercial Court and an appeals instance dismissed Parlaphone’s petitions in May and in September of 2019; the IP Court overturned these decisions remitting the case to a lower court.
The claimant alleged that it had found out the “Song 2” performed by Blur, to which it had the exclusive right, was used in a Colgate-Palmolive advertisement published a YouTube company’s official channel, in 2016.
In 2017, Parlaphone turned to Palmolive-Colgate seeking a 4.2 million rubles (about $66,00 at the present exchange rate) compensation for alleged damages; however, the company said the video was published by OOO MIC, the predecessor of Wavemaker, which, in turn, declared that the publication was a result of a technical error, offering to pay 300,000 in compensation.
Parlaphone refused to accept the offer and submitted a claim with a commercial court.
In the course of the hearings, the court ruled that the British company failed to provide sufficient evidence to prove its case.