Scandal surrounding “Chernobyl”: HBO’s trademarks in Ukraine have been seized
29 April 03:50
In Ukraine, HBO’s trademarks have been seized for failing to comply with a Supreme Court ruling in the case of Lyudmila Ignatenko—the widow of firefighter Vasyl Ignatenko, whose story was used in the TV series “Chernobyl.” The court definitively recognized a violation of her right to a name and awarded 500,000 UAH in moral damages. This was reported by the law firm Mamunya IP, according to "Komersant Ukrainian"
According to the lawyers, the seizure was carried out by a private enforcement officer as part of enforcement proceedings because Home Box Office, Inc. did not comply with the court’s decision voluntarily.
Why Lyudmila Ignatenko sued HBO
Lyudmila Ignatenko filed the lawsuit back in April 2020. She claimed that the creators of the series “Chernobyl” used her name and the name of her late husband, Vasyl Ignatenko, without permission.
In the HBO series, Lyudmila Ignatenko was portrayed by British actress Jessie Buckley. Ignatenko herself emphasized that she had not given consent for the use of her name and her husband’s name, and after the series aired, she experienced significant psychological distress.
According to her, the attention from journalists, acquaintances, and strangers worsened her emotional state, and she was forced to move.
What the Supreme Court Decided
The legal proceedings lasted over five years. Ultimately, the Supreme Court ruled that the series had unlawfully used Lyudmila Ignatenko’s name and her husband’s name without obtaining consent. The court deemed this a violation of the personal non-property right to a name.
The Supreme Court awarded Lyudmila Ignatenko 500,000 UAH in compensation for moral damages. At the same time, the court did not uphold the request to remove specific scenes from the series, as such a remedy was deemed ineffective and disproportionate regarding a work that had already been released and widely distributed.
Why HBO’s trademarks were seized
Following the Supreme Court’s decision, HBO was required to pay Lyudmila Ignatenko the awarded compensation. However, according to the law firm Mamunya IP, the court’s decision was not voluntarily complied with.
Consequently, as part of enforcement proceedings, private enforcement officer Andriy Avtorgov seized the HBO trademarks registered in Ukraine. If the company continues to fail to comply with the court’s decision, these trademarks may be put up for sale. According to lawyers, anyone interested will be able to participate in such an auction.
What does the seizure of trademarks mean?
The seizure of trademarks does not mean that HBO automatically loses its rights to the brand in Ukraine. It is a legal mechanism for the enforcement of a court ruling.
Essentially, it means that intellectual property rights can be treated as the debtor’s property. If the debtor does not pay voluntarily, the enforcement officer may seize property or property rights, including trademarks.
