Judgment: the name of the legendary group Hyperbol is misused

The dispute between several members of the group arose over the use of the name Hyperbol, that is, the criminalization of the use of the national brand, according to the LApT report:

The court is requesting members of the defendant’s Hyperbol Group to prohibit the defendants from using the Hyperbol trademark in their group’s name and Hyperbol Tribute Band names, and the defendant court is seeking protection against the Hyperbol trademark by I do not use. by the accused.

According to the LApT, the court determined that the mark was in use and did not revoke protection. It was also claimed that the term used by the defendant is deceptively similar: people may find that members of the former Hyperbol group also perform at concerts organized by the defendant.

native uteko

The members of the Hyperbol group presented evidence in the file that confirms that their sound components had been commercialized: compact discs since 1994 and vinyl records since 1980.

There were also indications that the Hyperbols song could be heard through the commercial platform Spotify. The Lithuanian Association of Related Rights AGATA indicated that according to the data available in 2014-2018. The Hyperbol raai group sounded more than 170,000 times on the air.

In this circumstance, in the opinion of the Judicial Chamber of the Lithuanian Court of Appeal, it sufficed to state that during the defense period the defendants used the trademark that belonged to them in accordance with the main purpose.

The company registered the product in categories specifically related to musical activity, and the brand is associated with the popularity and public acceptance achieved by its musical group Hyperbol. Therefore, the Court of First Instance was correct in considering that, in the present case, the mere absence of a concerted activity, when there is evidence that the trademark is used for other activities related to the musical group Hyperbol (distribution, broadcast trademark, etc.), cannot lead to an objective conclusion that the trademark is not actually used and (or) does not perform the essential function of the trademark, according to the appellate court.

Pradia gdiu sovietmeiu

The rock band Hiperbol, whose most popular songs Pamirk me, A will sing more and more. sounds up to iol, formed in 1974. at the then Vilnius Institute of Civil Engineering (now VGTU) and played for Okiai. The repertoire included The Beatles, Creedence, Deep Purple, several of their own songs. In a few years, the group became very popular and became popular throughout the Soviet Union.

of course, they did not escape Soviet censorship, especially intensified after the burning of Rome Kalanta, so the songs were composed according to the poems of the folk poet, only the music of Soviet authors was arranged in their own way. His own music can only be played at informal events, depending on the government’s forgiveness.

1979 Hyperbol began to turn to concert activities, its permanent composition was formed: group leader Mikhail Garber (voice, guitar), Viktoras Prapras (voice, pianos), Igor Berinas (voice, guitar), Riardas Bartuseviius (bass), Arvydas naras.

1980 the group received the official name of a popular collective that deserved it. In that year, Hyperbol performed 64 concerts, in 1982. 104, 1983. 156. The members themselves exchanged their raais thus promoting their music. The band reached its peak of popularity in 1984. It became a philharmonic ensemble.

And in the same 1984, Hyperbol, like other rock bands, the power structure was formed as a threat to the communist regime.

1991 the group returned, fans greeted it with Hyperbol forever. During the revival, 40 concerts were held there, but soon the concert activity was halted for want.

The second autumn took place in 1996 and crowded concerts were held again. In four years of musical activity, Hyperbol has released four more studio albums.

Try to repeat the story

The Hiperbol Tribute band music project was formed in 2013. The egomuzika.lt website advertises that this is a group that resurrects the songs of the Lithuanian legend Hyperbols, popularizes them, informs the younger generations and presents legendary songs as exemplary music. Anatolijus Kapustinas (voice, guitar), Raimundas Rudokas (bass), assisted by Marius Kunca (drums) and Simonas Kunca (pianos, flute and backing vocals) carry out the mission in the newly reborn Hyperbolje.

ranked popularity

In the opinion of the Judicial Chamber, the Court of First Instance, in view of the popularity of the Hyperbol group and its popularity, still reasonably held that those who joined and wished to listen to the former Hyperbol group were more likely to be responsible for concerts. activities and announcements. whether a domain other than Hyperbol will be associated with at least the popular group and its members, writes the LApT report. In view of the very high level of tax identified, the use of such an enclave creates the risk that at least the Hyperbol group will perform songs, so there is a possibility of misleading the public.

The judgment of the Lithuanian Court of Appeal can be appealed on cassation.

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