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MOSCOW, January 15 - RAPSI. The Moscow Arbitration Court once again dismissed the claim of Fest Hand Media LLC, owned by the former director of Uralskiye Pelmeni LLC Sergey Netievsky, to invalidate the agreement on the use of 73 episodes of a TV show filmed in 2012-2015, RIA URA reports on Tuesday. RU.

The case is being considered again, since the Arbitration Court of the Moscow District on June 26, 2018 sent this dispute for a new consideration. The Court of Cassation annulled the previously adopted judicial acts in this case.

On March 16, 2018, the Ninth Arbitration Court of Appeal invalidated the license agreement, under the terms of which Idea Fix Media LLC (the plaintiff is the founder of this structure with a 50% share in the authorized capital) granted Ural Pelmeni Production LLC (UPP) the right to use and process these archived releases of the program.

As the applicant pointed out, Idea Fix Media, which owns the exclusive rights to the original releases of the Ural Pelmeni program, had no need, including financial need, to provide the Ural Pelmeni Production company with the rights to the TV show archive for its processing in order to create a derivative work, the exclusive rights to which will hereafter belong to UPP.

According to the plaintiff, this transaction was made to the detriment of his interests, and the other party to the transaction should have known about it.

The Court of Appeal agreed with the plaintiff's arguments. The Idea Fix Media company and its CEO Evgeny Orlov, bypassing the ban on granting an exclusive license, transferred the rights to rework original programs in order to create an independent derivative work, which was then transferred to STS JSC, the court ruling says.

In addition, the defendants did not provide the court with evidence of the economic feasibility of the disputed contract, the arbitration stressed.

Brand dispute and leadership change

In August 2017, the Court for Intellectual Property Rights (IPR) confirmed the refusal of the claim of TO Uralskiye Pelmeni LLC against Fest Hand Media to invalidate the agreement on the alienation of exclusive rights to the Uralskiye Pelmeni trademark.

Creative association appealed to the SIP the decision of the Moscow Arbitration Court of March 13, 2017 and the decision of the Court of Appeal of May 12, 2017. Formerly former CEO LLC "Uralskie Pelmeni Production" Aleksey Lyutikov stated that the defendant illegally appropriated the exclusive rights to the verbal trademark "Uralskie Pelmeni", the disputed brand should belong to the team.

The court of first instance considered that the plaintiff did not indicate how the invalidation of the contract would lead to the restoration of his rights and what his rights and legitimate interests were violated by the contested transaction.

In October 2016, the Arbitration Court of the Sverdlovsk Region satisfied the application of Netievsky, Director of TO Uralskiye Pelmeni, regarding the illegality of his removal.

In support of the stated claims, the plaintiff indicated that on June 23, 2016, a general meeting of the participants of the LLC was held, which confirmed some decisions of the collective meeting of October 14, 2015. The powers of Netievsky as a director were also terminated and a decision was made to appoint Sergey Isaev to this position.

Since, as Netievsky pointed out in the statement, the decisions of the initial meeting of October 14, 2015 are void, which was established by the decision of the Arbitration Court of the Sverdlovsk Region of July 6, 2016, the decisions of the general meeting of the LLC of June 23, 2016 are also void. The court decision states that Netievsky was not informed of the date, place, time and agenda of the disputed meeting in a timely manner. In addition, he did not receive the minutes of the controversial meeting due to the fact that it was not sent to him.

Lyutikov previously said that the decision to change the director was a simple management move that would increase the efficiency of the LLC. Sergey Isaev became the new CEO of the creative association in October 2015. According to the founding documents, all members of the team who, to one degree or another, own a stake in the Ural Pelmeni, have the right to vote.

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The Moscow Arbitration Court again dismissed the claim of Fest Hand Media LLC, owned by the former director of Uralskiye Pelmeni LLC Sergey Netievsky, to invalidate the agreement on the use of 73 episodes of the TV show filmed in 2012-2015.

A criminal case was opened against the ex-director of the team, and his property was arrested

The dispute in the courts between the "Ural dumplings" and Sergey Netievsky, which has been going on for several years, received new round development. The reason for the next court session was the television version of the band's concert, which was released in 2009.

According to the lawyers of the show, Netievsky, who at that time was the director of the team, transferred the rights to this recording to his company Fest Hand Media, which, in turn, to the STS television channel. At the same time, the members of the team, who had the same rights to it as Netievsky, did not receive their part of the money.

Viktor Pasternak, a lawyer for the Ural Pelmeni, said that Netievsky was supposed to distribute the remuneration among the participants of the Ural Pelmeni, but did not. The money from the shows, according to Pasternak, settled in a company specially created by Netievsky, on behalf of which the deal was concluded.

As a result, the court sided with the Ural dumplings. Now he will have to pay five million rubles. However, Netievsky may well challenge this decision, reports E1.

It should be noted that in March, the Netievsky court at the Ural dumplings. He managed to invalidate the license agreement between Idea Fix Media LLC and Ural Pelmeni Production LLC. According to it, the rights to the old episodes of the humorous show were transferred, which were then resold to the STS television channel.

Meanwhile, the clouds are gradually gathering over Sergei Netievsky. From day to day, a long legal battle with the team can be put to an end. And, most likely, the ex-director of the Ural dumplings will not be in a winning position.

The fact is that in addition to losing the case in court about the television version of the concert dedicated to the 16th anniversary of the band, Netievsky suffered a powerful defeat on the “neighboring front”. He was unable to challenge in the Sverdlovsk Regional Court the initiation of a criminal case on his abuse of office, in which his property was seized. Netievsky is suspected of illegally receiving a large part of the team's profits. According to investigators, Netievsky stole 173 million rubles from the team for the entire time that he managed the dumplings. In this case, he faces up to ten years in prison.

Finally, another unpleasant news awaited Netievsky at the Verkh-Isetsky Court in Yekaterinburg. The servants of Themis upheld the decision to seize property that belonged to Netievsky. Most likely, in the near future, the showman, who has set off for free swimming, will declare himself bankrupt.

By the way, on June 19, 2018, the Arbitration Court of the Moscow District satisfied the complaint of the Ural Pelmeni team against the decision of the previous instance, which recognized the rights to own the old filming of the show for the ex-director of the team. The case was returned for a new trial. Experts have no doubt that the return of all rights to television programs to Uralsky Pelmeni is almost a settled fact. The loss of five million, as experts who closely monitor the conflict, say, is only the first bell for the ex-director.

Yekaterinburgers, who chose orange shirts as their uniform, gathered in 1993 at the base of student construction teams of the Ural Polytechnic Institute. There were 12 of them, like apostles - Andrey Rozhkov, Dmitry Brekotkin, Dmitry Sokolov and others. Sergey Svetlakov was taken from the Park of the Current Period team. In 1994 Sergei Netievsky came. They created a combined team of USTU-UPI, called themselves "Ural dumplings", began to play in KVN and won in 2000 major league. Then they took a few cups and began to think about continuing the path.

Sergei Netievsky. Photo: STS Channel That's when Sergei Netievsky took over the control of the ship. Everyone considered him a good ship captain, a person who could promote and sell the project on TV. And Sergey Isaev, who later replaced Netievsky, and Dmitry Sokolov, and Dmitry Brekotkin said in unison that it was not in vain that Sergey pupated into the producer of the team.

It was his idea to go to TNT with the idea of ​​the show. The humorous project "Show News" did not last long and was a failure, but it was this bad experience that allowed the guys to sit on the STS channel for a long time. Alive for profit "Ural dumplings" put together a serious composition and began to shy away concert programs. In 2009, they were invited by STS. More precisely, it was Sergei Netievsky who did not abandon his attempts to sell the project - and he did it super-successfully. The team began recording shows right at their concerts. Not too multi-layered, but understandable humor, interactive with the audience in the hall, recognizable faces - that's the whole secret of success. Plus, Pelmeni continued to tour. 130 people (!) work on the show - authors, directors, film crew, make-up artists ...

In 2013, Ural dumplings soared to 15th place on the Forbes list. And where there are large sums, there are big conflicts. Alas, even among old friends. Head over heels in court In 2015, the team was suddenly headed by Sergey Isaev. The revolution passed without bloodshed. After all, ten participants in the "Ural dumplings" are the founders of the project - that's Netievsky's majority of votes and removed. It turned out that by the time of the change of power in Pelmeny, Netievsky single-handedly organized the tour of the team - he was general producer Idea Fix Media and founder of First Hand Media. These are the companies that released the projects of the "Ural dumplings" and were engaged in the touring activities of the team. All income from TV shows came to the piggy bank of these firms. The key claim was this: Netievsky "received income from the sale of the show to TV channels, hiding it from the team for three years." Producing work is a huge job on the production of the show! And the guys did nothing as producers. But the displaced producer is not at all embarrassed by this. “As if everything that the production company and I, as a producer, earned, had to be shared with the team! - Sergey Netievsky is surprised. - Producing work is a huge work on the production of the show. The guys did nothing as producers. The team performed the functions of actors and screenwriters, so the production company entered into contracts with them, as with actors and authors. And they got paid for every episode of our show."

Pelmeni lawyer Yevgeny Orlov assured that the ex-producer stole "not a fundamentally huge amount, several million rubles." Netievsky launched a retaliatory attack - to court. He stated that he was removed, firstly, without a quorum of votes and, secondly, not notified of the date of the meeting 30 days in advance. The court reinstated the producer in his position and exacted 300 thousand rubles from his former colleagues in his favor - for legal costs. After that, Netievsky was fired again, and he again proved the violation of rights. Realizing that porridge with "Ural dumplings" can no longer be cooked, in the fall of 2016, Sergey left voluntarily.

The team filed a class action lawsuit with the Moscow Arbitration Court and demanded that they retain the rights to the Ural Pelmeni trademark, and not Netievsky. The court refused. After that, Sergei transferred the team the right to two Ural dumplings trademarks, asking for a symbolic sum of two rubles.

But the litigation didn't end there.

Because the rights to the performances belong to all the actors of the TV show. However, until 2015, Netievsky was also among them, and after 2015, no. Therefore, the team is trying to negotiate with Sergey how to share the rights, earned capital, website and shares in the project. Divorce for a million - Now I am producing a program in which teams of "already Muscovites" and "come in large numbers" compete in wit on the Moscow 24 channel, - says Sergey Netievsky. - Together with the Russian Youth Union I am engaged in All-Russian festival STEMs that I want to make a TV show out of. And for a year now, the authors and I have been writing the script for the film "March 9".

"Ural dumplings" also participate in the film process. Not so long ago, the comedy Lucky Case was released, the heroes of which won 43 million rubles and decided to run away from their loved ones so as not to share. Maybe it's a hello to a former friend. Maybe a symbolic message for everyone.

Be that as it may, Sergei Netievsky now lives alone. He separated from his wife two years ago after 18 years. life together. The producer refutes the information that since the divorce he has accumulated 1.5 million rubles of alimony. He moved his eldest son Ilya to Moscow, the guy goes to school and does not want to return home, as his father assures. The middle son Ivan and daughter Masha live in Yekaterinburg with their mother.

Now Andrey Rozhkov is legally the director of the Ural dumplings.

All over the Internet, the news about the collapse of everyone's favorite "Ural dumplings" is walking. Once one of the best teams For 9 years KVN has been entertaining the audience with its eponymous comedy show. But what is happening now in the group? This assumption began to emerge a long time ago, but it was refreshed by the absence of part of the team at the July concerts.

Ural dumplings broke up due to the continuation of old conflicts in 2018

Due to internal conflicts in the group, a huge hype broke out about the collapse of the Ural dumplings. It started back in 2015, before which Sergey Netievsky was the director of the team. And in the same year, the comedy group tried to fire Netievsky because, in their opinion, he began to devote less time to the project.

As a result of this conflict, the subsidiary of the ex-director wrote a statement to the police to bring the next director, Sergei Isaev, to criminal responsibility. As a result, by a court order, the team's decision to change the director was declared invalid. But still, since 2016, the captain of the team Andrey Rozhkov began to occupy this post.

But in 2018, this post was transferred to Natalia Tkacheva, which in turn shows Rozhkov’s attitude regarding participation in the activities of the team.

Ural dumplings fell apart due to a new project by Rozhkov and Myasnikov in 2018?

The news of the collapse of the Ural dumplings is fueled by the emergence of a new solo project called "Your dumplings." The main reason for the excitement of the fans was the absence of part of the team at concerts held in the cities of the southern part of the country. Andrei Rozhkov and Vyacheslav Myasnikov, having deviated from the team, began their own tours.

But on this moment the new show does not live up to the expectations of the artists. With difficulty collecting part of the rented hall, comedians hold concerts with a positive attitude, only joking about their situation. One of the main reasons for the lack of full houses is the price of a ticket, it bites the wallet of those who want it. It remains only to guess whether he will return to his team or continue his solo activities forever.

The myth about the collapse of the Ural dumplings in 2018 was dispelled

Upon learning of the collapse of the Ural dumplings, Yulia Mikhalkova hastened to refute the existing misunderstanding. After reading in the newspaper that the team fled, the star of the show told the public about her surprise. According to her, the team is still together and is not going to scatter. And the absence of participants can be explained by other projects in which they are involved.

Many are sure that the news of the collapse of the humorous team arises as a result of the continuation of the conflict with Sergei Netievsky. The parties have been suing for a long time for the right to own the releases of the Ural dumplings show, which have been presented by the team on the STS channel since 2009. The conflict is still not resolved and the parties have not yet come to a decision as to who should own the brand.

Since it often happens that internal disagreements may not be disclosed to the public, remaining within the team, one can only hope for the words of Yulia Mikhalkova regarding the integrity of the team.

Members of the creative association "Ural dumplings" became famous back in the 90s, when they performed in KVN. Following the victory in the final of the 2000 season, money came for fame: Yekaterinburg residents became the stars of the STS television channel and began to travel with their show all over the country. On the wave of popularity, the team twice - in 2013 and 2015 - was included in the ranking of the richest showbiz artists, earning 2.8 million and 800 thousand dollars, respectively.

The price of tickets for the concerts of the "Ural dumplings" reached tens of thousands of rubles, and new program was broadcast in prime time on federal air about once every two months. The more unexpected the quarrel looked from the outside.

How come that former friends talk to each other only through their representatives in courtrooms?.

On October 21, 2015, information appeared that Sergei Netievsky left the position of director of the show. At first former cavalry officers they did not speak about the reasons for such a decision, which only contributed to the spread of rumors: "the guys expressed distrust in him", "a financial conflict", "Netievsky has many projects on the side."

Later that day, the general director of the Ural Pelmeni Production company (produces the show), Alexei Lyutikov, expressed the team's official position. As usual: "The decision to change the director was a simple management move that will increase efficiency." The problem was Netievsky's residence in Moscow, at some point this caused discomfort among his colleagues.

- There were many rumors, including that the reason for the resignation was a financial conflict. What happened?

Sergei felt cramped in Yekaterinburg. He himself said more than once in an interview that he had become a Muscovite, that he was much more comfortable in the capital. In other words, Sergei ceased to be a "dumpling in a saucepan" and became a "fish in the water."

As for rumors of political or financial disputes, we do not even comment on it. We don't want to justify ourselves to anyone. We are honest with each other. We don't have behind-the-scenes games, kitchen secrets. We find it funny to read about it in the media.

- Netievsky will remain in the team?

No one is fired, no one is fired. Now Sergei will be working on his projects in Moscow, and we wish him success in this. If Sergey Netievsky wants to continue working in the team, then we will sit down with him and discuss everything.

Next year is the anniversary of KVN, followed by the anniversary of Alexander Vasilyevich Maslyakov. We will gladly invite both Sergei Svetlakov and Sergei Netievsky.

- Did you and other team members manage to maintain friendly relations with him?

Certainly. I think that this is such a feature of the Urals - we are kind, reasonable people. Normal, friendly relations are important to us, because it is easier to live this way. The main value is decency and good attitude towards each other, which we will always keep in the team.

At the same time, Sergei Netievsky tried to launch the entertainment project "Show from the Air". The co-author was Alexander Pushnoy, known for the science and entertainment program "Galileo". It was planned that the transfer will go to STS.

In February 2016, the unspoken leader of the Ural dumplings. “Netievsky went his own way ... I will not take dirty linen out of the hut. There's too much difficult situation. It is not yet fully resolved, so…” he said.

In the spring, two participants announced their interests outside the show: Vyacheslav Myasnikov collected his good songs into an album, and Yulia Mikhalkova wanted to go to the State Duma and. “I didn’t shoot naked. I had a photo shoot in an information magazine, ”the Ural dumplings prima responded to the question about shooting at Maxim.

As it turned out, many of the team's legal issues were tied to Netievsky. To move away from the past life, Sergey Isaev came up with the idea of ​​updating the branding. The winner of the competition for the best logo was promised money.

As it turned out, Sergei Netievsky himself was against changing the status quo and did not agree with his dismissal. The showman felt that he had been improperly notified. On June 1, the arbitration court began to deal with labor relations and the form of their termination.

A month later, the court sided with the ex-director. During that meeting, Ural Dumplings lawyer Olga Yuryeva suggested that in fact Netievsky did not need a seat: “This process is a way to block and slow down the process that is now underway in the Moscow Arbitration. The bottom line is that we are challenging the transfer of a trademark from one company, where Netievsky owned 10%, to another, where he owns all 100%.

At the same time, Uralskiye Pelmeni filed a lawsuit to invalidate the decision to alienate Netievsky's company the exclusive rights to a verbal trademark worth 400 million rubles.

August 10 in the hotel room Angelo. The team went underground for a month and did not speak to reporters.

In October, the 17th Arbitration Court of Appeal upheld the decision of the lower court, confirming that the director of the creative association was Sergei Netievsky.

By December, the opposing sides seem to be. Such an outcome, in theory, suited everyone. Netievsky, though de jure, was reinstated, but somehow real influence I didn’t have a team, and the participants of the Ural Dumplings didn’t need a formal, but guiding superstructure.

In the last week of 2016, comedians at their meeting elected a new director:.

In May 2017, Uralskiye Pelmeni lost their appeal against trademark. Lawyer Yevgeny Dedkov said that the right to the brand was already on the balance sheet of the plaintiff, his client Sergey Netievsky issued a sign for the group when he was in the status of the director of "dumplings". And comedians still for some reason continue to sue.

By the summer, a new lawsuit began between Netievsky and the Ural dumplings. Lyutikov's successor as CEO, Yevgeny Orlov, said that from the sale of the show on STS and touring activities. To do this, he organized the Idea Fix Media company, which, in fact, became the owner of all the Pelmeni programs.

“In general, there were always hints that something was unclean. He considers his actions legal. Nine people are wrong, and he is right! He said, “This is business. In Moscow, all producers do this. That is, for some reason he imagined himself to be our producer. Although everyone in our team has an equal contribution to the common cause, and incomes should also be equal, ”Dmitry Sokolov said then.

Sergei Netievsky, commenting on the accusations, expressed regret that his former comrades fell under bad influence. “A television product is created not only by actors and authors, it is created and promoted by the work of a well-coordinated team of a production company under the guidance of producers. I did a great job as a producer and really made a popular TV show out of the Ural Pelmeni KVN team! Launching a TV project is different compared to actors and authors, a higher level of responsibility, risk and, accordingly, this is a different payment, ”the producer explained his point of view.

On July 17, the court again sided with Netievsky - at that time, the claims of the Ural dumplings were that the ex-director sold the rights to STS television channel anniversary concert“We are 16 years old. Because gladiolus! ”, Without warning the team about this. Sergey, according to the Ural dumplings, took the money from the deal for himself.

A new round of litigation started in the fall. Firstly, a trial was held in the Moscow Arbitration Court against Dmitry Sokolov, Sergey Kalugin, Vyacheslav Myasnikov. Company of Sergey Netievsky - LLC "Fest Hand Media"- asks to be canceled under contracts with its subsidiary. The court dismissed the claim.

Secondly, other lawsuits from LLC "Fest Hand Media" to Uralskiye Pelmeny Production, where the plaintiff claims that Yevgeny Orlov, as CEO of Idea Fix Media, caused damage to the company. He allegedly sold 73 archival concerts to Uralskiye Pelmeni Production for 861 thousand rubles, after which Uralskiye Pelmeni Production transferred the recordings to STS for 231.3 million rubles. The first instance dismissed the claim, after which Fest Hand Media filed an appeal.

A few days ago, the Sverdlovsk Arbitration Court began to consider the next application of the Ural dumplings. Lawyers want, which he allegedly appropriated to himself while he held the position of director of the UE. Netievsky spent these funds through his own individual entrepreneur, although there was no need for this, the representative of Pelmeni said, the plaintiff believes.

On February 28, the director of one of the legal entities - LLC "Creative Association "Ural dumplings"- Natalya Tkacheva became, replacing Andrei Rozhkov. Previously, she was responsible for media communications.

To be continued.