Vienna Court upholds verdict against GSS, company tied to Telekom Srbija

NEWS 14.09.2020 19:41
Source: Promo

The Supreme Court of Austria upheld on Monday the first-instance verdict of the High Court against the GSS Media platform for unauthorised broadcasting of Grand production shows owned by the United Media, ordering them to compensate the damage caused.

GSS Media is a platform that enables the diaspora to watch channels from the region on the Internet and is a strategic partner the state-owned Telekom Serbia company Go4yu.

By rejecting GSS Media’s appeal as unfounded, the judgment against GSS Media became final. The Court ordered them to allow access to the financial data so that it could determine the amount acquired by unauthorised broadcasting, as well as to publish the verdict on its website.

The dispute was triggered after GSS Media, without being authorised, broadcast the most popular Grand shows’ Zvezde Granda (Grand’s Stars), ‘Nikad nije Kasno’ (It’s Never Late’) and ‘Zvezde Granda – Special’ (Grand’s Stars – Special) on the Belgrade Prva TV.

As they ignored all requests to stop broadcasting Grand’s contents and continued to violate the law, in 2018 and 2019, Grand filed a lawsuit against the company before the Commercial Court in Vienna for infringing intellectual property rights.

The Viennese Court’s verdict in the first-instance ended in 2019 in Grand’s favour.

The Court then found that the GSS had violated the exclusive rights and ordered them to pay adequate compensation to Grand.

The GSS appealed the first-instance verdict, and in the meantime continued to violate Grand’s rights, completely ignoring the instructions of the first-instance ruling.

In June this year, the Appellant Court in Vienna rejected the appeal and backed up the first instance verdict against the GSS, which became the final ruling.

Since the company did not implement the Court’s order to submit financial data, Grand initiated enforcement proceedings, and the Court ordered GSS to pay all amounts without delay and submit all documents, with payment of penalties for each day of delay.

Besides, since the GSS continued to offer and advertise the Go4You platform on its website, thus re-broadcasting Grand’s shows ignoring the verdict, the Court also ruled against them for repeating violations of rights.