
A #StandWithSCPRU flier, created by SCP Internet Outreach team.
#StandWithSCPRU is the hashtag given to represent the social media campaign and lawsuit against Andrei Duksin‘s illegal trademarking of the SCP Foundation logo in the Eurasian Customs Union (ECU).[1]https://www.gofundme.com/f/scp-legal-funds[2]https://www.rbc.ru/companies/trademark/661748/scp-foundation-secure-contain-protect/ It was released in conjunction with a GoFundMe donation page to support the Russian branch of the SCP Wiki (-RU), which raised over 160,000 USD for legal funds from over 7,000 donors. It has exceeded its initial goal of 50,000 USD.[3]https://www.gofundme.com/f/scp-legal-funds $23,000 was raised in the first 9 hours, $40,000 was raised in 24, and the goal was met within 48.[4]https://dtf.ru/nenanimalsia/82190-osnovateli-scp-organizovali-sbor-sredstv-na-isk-protiv-andreya-duksina[5]https://twitter.com/scpwiki/status/1196452216405733378[6]https://boingboing.net/2019/11/16/secure-contain-protect.html
Duksin’s infraction was shared as an emergency with the SCP community in November 2019 via the wiki’s announcement forums message, as well as official media platforms.[7]https://archive.ph/JOoMY[8]https://archive.md/XYp6x[9]https://archive.md/OCeto After, and with coordination from SCP’s Internet Outreach team, a number of media personalities and outlets covered the story, to promote support. These included a video from famous YouTuber and commentary-gamer Markiplier that has generated more than 3.5 million views, and an interview on KnowYourMeme.[10]ttps://m.youtube.com/watch?v=elmW4yKX-lY[11]https://web.archive.org/web/20200505030736/https://knowyourmeme.com/editorials/interviews/the-scp-foundation-discusses-history-the-future-and-even-some-of-their-favorite-memes[12]https://m.youtube.com/watch?v=BuuNTGeavN4[13]https://m.youtube.com/watch?v=BuuNTGeavN4[14]https://m.youtube.com/watch?v=yN1nc5MhqKg[15]https://m.youtube.com/watch?v=A10Wqj14ifU&feature=youtu.be[16]https://m.youtube.com/watch?v=_1zrNIsvzaU&feature=youtu.be[17]https://m.youtube.com/watch?v=zvBlRKM8hx8[18]https://m.youtube.com/watch?v=2gxhIoKHJS0&feature=youtu.be[19]https://m.youtube.com/watch?v=ks_QByD-MiQ[20]https://bloody-disgusting.com/editorials/3594375/the-scp-trademark-is-under-attack/[21]https://www.change.org/p/russian-federation-undo-scp-foundation-copyright-in-russia[22]https://boingboing.net/2019/11/16/secure-contain-protect.html Numerous news articles were released on Russian outlets as well.[23]https://vk.com/@chaspravosud-chto-takoe-otkrytaya-licenziya-para-slov-o-konflikte-v-scp[24]https://dtf.ru/life/81455-scp-vse-eshche-pod-ugrozoy?comment=3386731&ref=dtf.ru[25]https://dtf.ru/tag/standwithscpru[26]https://walkmanstalker.ruplayers.com/2HOH1avMjaFnkHU/duksin-teper-blokiruet-gruppy-v-vk-po-scp.html[27]https://regnum.ru/news/2773965.html[28]https://dtf.ru/life/49203-partner-proekta-scp-foundation-zaregistriroval-torgovyy-znak-i-stal-trebovat-dengi-s-vladelcev-magazinov-merchendayza
A legal defense was mounted against Andrei Duksin, which though initially not recognized as in the legal wrong, was eventually defeated in the Russian Intellectual Property Rights Court on April 7, 2022 (case No. SIP-143/2021). The SCP Trademark was canceled by the Russian Federal Service for Intellectual Property, and removed from Duksin’s possession.[29]https://web.archive.org/web/20230407173525/https://m.vk.com/@scpfanpage-rezume-po-konfliktu-s-andreem-duksinym
History
Initial details of a license violation were announced to the English-speaking wiki in May 2019.[33]https://web.archive.org/web/20200404181223/http://www.scp-wiki.net/forum/t-11572837/announcement-regarding-ongoing-license-violation Duksin by that time had acquired the approval for the trademark, and used it to enforce legal sanctions on minor market competitors. At that time, the conflict was approached with diplomatic solutions. Calls for the creation of a GoFundMe by the fanbase were dismissed by staff as unnecessary, writing “nothing here is a cause for panic”. A cease and desist letter was sent to Duksin as an attempted pre-judicial remedy.
Duksin’s response has been inconsistent over time. Initially, Duksin stated that the application for the trademark and its enforcement was a mistake.[34]https://web.archive.org/web/20211206033828/https://sun9-67.userapi.com/MeBopdwXz6A0wJ0Kv84Qw9z06vrR4b7q7wemYw/Ht1I82tJ2Dw.jpg Next, he explained on his ARTSCP project’s social media page that it was necessary for higher-production-value projects.[35]https://web.archive.org/web/20211206033827/https://sun9-25.userapi.com/EAKwslkTIAmklrOJyj06DbiG4DmGtieJ-TCtgA/GbgH-1udIKo.jpg After this justification was deemed insufficient by the community, and in response to backlash, Duksin publicly stated that he was going to revoke the trademark in a video.[36]https://www.youtube.com/watch?v=3sJyv4Mv0NQ[37]https://web.archive.org/web/20190511082523/https://www.youtube.com/watch?v=3sJyv4Mv0NQ (The video has been archived and can be seen in the original Russian here.) Next, Duksin claimed “that Some of the rights to the trademark have been transferred to ‘filmmakers’, so the trademark cannot be canceled ‘without sanctions’ in relation to Andrei – this is what Andrei told our lawyer in a telephone conversation when he was asked to settle everything out of court”.[38]https://web.archive.org/web/20191113094450/https://vk.com/wall-53433582_113247 Then, Andrey announced that the film team and investors had withdrawn their funding for the movie project, which was to be the main product to come from the trademark.[39]https://web.archive.org/web/20211206033832/https://sun9-42.userapi.com/sKvaCIysi4dSPpX4eeDj-UZ9cRAmXsq9THL8qA/cetvfkBKeXs.jpg[40]https://web.archive.org/web/20211206033832/https://sun9-18.userapi.com/k8joFRGkjAU2Gb6kfw7OUtNyhKC17h6HTRh5IA/KjZel58iZH4.jpg Finally, when the trademark was still active and not recanted, Duksin told the community that the cancellation was suspended, and that the community deserved to see the end-result of the high-production project underway.[41]https://web.archive.org/web/20191113094450/https://vk.com/wall-53433582_113247 After community pushback, Duksin removed the locks from “GeekFunco”, the seller who was the first known to be blocked by the trademark.

Andrei Duksin, in a screencapped frame from a now deleted video, where he announces he will recant the trademark.
Some time after, Duksin resumed his extortion and used the trademark’s legal brunt to shut down more competitors in the name of “The SCP Foundation Team”, as well as two VK groups: the official VK page for the Russian branch of the SCP Wiki, and a VK SCP meme community.[42]https://pikabu.ru/story/prodolzhenie_istorii_s_konfliktom_vokrug_scp_foundation_i_ocherednoe_obyavlenie_ot_administratsii_russkogo_filiala_7031733[43]https://web.archive.org/web/20191113094450/https://vk.com/wall-53433582_113247[44]https://archive.ph/UEPYk[45]https://web.archive.org/web/20191113094437/https://vk.com/wall-53433582_114082[46]https://web.archive.org/web/20191113091655/https://vk.com/scpfanpage The staff who ran the official SCP Foundation VK page took refuge in another fan-made VK page, “SCPFanPage”, which changed its name to “#StandwithSCPRU”, and became a pseudo-official platform for statements and updates.[47]https://vk.com/scpfanpage
Over time, Duksin’s tone shifted from a circumspect cooperator to a hostile aggressor.[48]https://web.archive.org/web/20191113094450/https://vk.com/wall-53433582_113247[49]https://web.archive.org/web/20191113091655/https://vk.com/scpfanpage He also stated explicitly that he intended to take over the -RU branch of the SCP Wiki.[50]https://archive.li/QxNeH[51]https://archive.li/oO8NX SCP-EN and the greater international communities were made aware of this in an emergency announcement by -EN staff in November 2019.[52]https://archive.ph/JOoMY -RU updated an official statement alongside this, and the international communities released an official joint statement at this time.[53]https://archive.ph/RWyoi[54]https://archive.ph/MSS0x
In March 2020, A Russian law firm announced via its social media that it was taking the case against Duksin for the SCP International community.[55]https://vk.com/scpfanpage?w=wall-53433582_121927
Outcomes
On November 11, 2020 — close to 1 year after the initial emergency announcement — it was stated to the public on the social media of SCP’s legal team that the final appearance to challenge the SCP Trademark was concluded.
The result of the initial trial was that Duksin would keep the trademark, pending further legal pursuit.[56]https://archive.ph/72QiL#selection-25145.0-25217.92The Russian-speaking SCP fandom’s reception to the lawyer’s update post was mixed:[57]https://vk.com/chaspravosud?w=wall-75214252_821
In an update to the GoFundMe in November 2021, SCP Wiki representation updated the situation, stating that while an appeal was upheld, though Duksin still owned the trademark at that time.[58]https://www.gofundme.com/f/scp-legal-funds
The lawsuit was first filed with the Russian Federal Anti-Monopoly Service (of St. Petersburg), and taken before a commercial court of first instance. The lawsuit was slow moving, in part because there is no discovery system in Russia (all evidence must be collated and presented prior to the lawsuit and court date), but also due to the COVID-19 virus.[59]https://www.gofundme.com/f/scp-legal-funds[60]https://www.gorodissky.com/publications/articles/trademarks-in-russia/
The SCP legal team prepared to appeal the decision with competent appellate courts, and perhaps even the Russian Intellectual Property court if needed. While the outcome was not as hoped, the official declaration of the trademark as invalid was hoped to serve the prosecution in the next round(s) of litigation.
In March 2023, the pseudo-official VK of the SCP Wiki’s Russian branch released an update announcing that the SCP Foundation trademark had been officially canceled by the Russian Federal Service for Intellectual Property on July 4, 2022. While Andrei Duksin submitted a “voluntary declaration” to cancel the trademark, this happened just before the Intellectual Property Rights Court ruled against him on April 7, 2022 (case No. SIP-143/2021). Additionally, the Federal Antimonopoly Service recognized Duksin’s actions as unfair competition on October 25, 2022. The update also addressed financial matters, noting that only 8% of the fundraised money (approximately $13,148) was used for legal proceedings, with the remainder still held by the English-speaking branch that organized the collection. The statement expressed gratitude to everyone involved in the legal victory, including lawyers Svyatoslav Chusov and Dmitry Kozhemyakin, affected entrepreneurs, journalists, donors, and community members worldwide.[61]https://web.archive.org/web/20230407173525/https://m.vk.com/@scpfanpage-rezume-po-konfliktu-s-andreem-duksinym
As a result of these rulings, and as of October 2022, Duksin no longer owns the trademark to the SCP Foundation in Russia and the Eurasian Customs Union (ECU).[62] … Continue reading[63] … Continue reading An official announcement from the Russian branch of the SCP Wiki via their VK page states that further prosecutions of Duksin are pending, and being investigated by their lawyers.[64]https://web.archive.org/web/20230407173525/https://m.vk.com/@scpfanpage-rezume-po-konfliktu-s-andreem-duksinym Criminal proceedings are possible, albeit unlikely.[65]https://www.gorodissky.com/publications/articles/trademarks-in-russia/
Trivia
- An SCP ASMR YouTube channel provided a synopsis of the situation in June 2022.[66]https://www.youtube.com/watch?v=HVmbgrTExlk
- Duksin sold the illustration rights from ARTSCP books to ParaBooks, previously Paranormal Activity Books, in 2021. While the initial Russian publisher, KOMILFO, stated they would cease publication of the art books in 2021, ParaBooks is the US subsidiary of the company, and so is still publishing them; now out-of-contract with Duksin.[67]https://www.gofundme.com/f/scp-legal-funds, Update March 27, 2021[68]https://archive.ph/r8xA2#selection-2895.0-2903.409
- In a Q&A session on the SCP Wiki, a representative stated “… the worst case scenario is that scp-ru has to move to a new website where users would then have to congregate.”[69]https://scp-wiki.wikidot.com/forum/t-12800526/announcement-regarding-licensing-emergency#post-4449806 This exact outcome occurred during the WikiDot Blackout of 2022.
- Of the $164,355 raised for the SCP Wiki’s legal defense on GoFundMe, 8% ($13,148) was utilized for the trials resulting in the removal of Duksin’s trademark. A SCP-RU announcement stated the remainder ($151,206) to be “… at the disposal of the management of the English-speaking branch that organized the collection.”[70]https://web.archive.org/web/20230407173525/https://m.vk.com/@scpfanpage-rezume-po-konfliktu-s-andreem-duksinym
- The Russian lawyers responsible for winning the case against Duksin include Svyatoslav Chusov, who provided assistance in the first years of the proceedings, and Dmitry Kozhemyakin, who brought the case to the end.[71]https://web.archive.org/web/20230407173525/https://m.vk.com/@scpfanpage-rezume-po-konfliktu-s-andreem-duksinym
- Russian intellectual property laws are notoriously difficult to navigate, particularly for oversees entities, and often result in applications of trademarks to improper persons or entities.[72]http://www.tiplj.org/wp-content/uploads/Volumes/v5/v5p1.pdf[73]https://heinonline.org/HOL/LandingPage?handle=hein.journals/tipj5&div=8&id=&page= Much of this is due to lax standards, bribery, Russia’s first-to-file policy of trademark issuance, and the lack of recognition for foreign national trademark registrations in Russia.[74]https://www.gorodissky.com/publications/articles/trademarks-in-russia/ Other notable instances of inappropriate trademark conflicts include Microsoft, Minecraft, the Suzuki Corporation, and even cases which the Russian state suffers for, such as STOLICHNAYA vodka.[75]https://rusbankrot.ru/en/new-claim/suzuki-corporation-is-suing-rospatent/[76]https://craneip.com/microsoft-has-won-the-rights-to-the-minecraft-trademark-in-russia-in-court/[77]http://www.tiplj.org/wp-content/uploads/Volumes/v5/v5p1.pdf
- While Duksin was hoping to secure a sinecure position for himself as Administer of the SCP-RU Branch, and would likely use the platform to advertise his merchandise, his doing so would not have been new. The Main Page of the -RU branch featured and advertised Duksin’s products, including the calendar and artbooks, from 2015-2019, with a dedicated div box on the left-hand menu, and with -RU Administration’s endorsement.
- The initial court technically ruled in favor of SCP, however there was no enforcement of the findings, or recognition of the extortion on the part of Duksin.
- Duksin did not sue SCP-RU. Representatives of the international branches of the SCP Wiki, primarily members of the English branch, sued Duksin, who was the defendant.
- The SCP Foundation logo trademark does not apply to countries outside the ECU.[78]https://www.stopfakes.gov/article?id=Does-a-U-S-Trademark-Registration-Protect-a-Trademark-in-a-Foreign-Country[79]https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf[80]https://www.gorodissky.com/publications/articles/trademarks-in-russia/[81]https://sojuzpatent.com/trademarks/trademark-registration-in-eurasian-region There was no possibility that branches other than -RU were at risk of any take-over, shut-down, or mitigation from Duksin’s trademark. The source of this misinformation is likely the conflicting accounts and statements from SCP-EN staff themselves.[82]https://archive.ph/WwRbf#selection-1613.872-1613.1141[83]https://archive.ph/UEPYk#selection-1711.0-1711.110 However, the holder of a trademark in Russia can apply to have it reviewed for other member countries that participate in various trans-continental IP agreements, such as the Madrid Agreement, though the results of these agreements are procedural rather than substantive. There are international entities for globalizing trademarks like the Madrid System, Nice Agreement, and the Trademark Law Treaty, which Russia is a part of, but they are all designed to make legit trademarking internationally more streamlined and economically convenient; not automatic, and certainly not guaranteed.
- An international application must be filed by the owner, specifying the countries in which it wants to apply its trademark, with non-trivial fees applying per member country.[84]http://www.tiplj.org/wp-content/uploads/Volumes/v5/v5p1.pdf Two manual review cases follow — one through the global governing bodies overseeing those agreements and systems, and again for the specific review boards in each country the trademark holder is hoping to get a trademark applied to — in addition to paying the equivalent of $2,600 per country for the process. It is not certain that the trademark would be recognized by other countries, and this may be further made difficult for an individual from Russia seeking to expand their legal standing, due to the known idiosyncrasies of Russian IP law. A trademark which has completed or begun this process of applying in other member countries is tagged with an international qualifier (e.g. pending, rejected, approved) on the documentation.[85]https://www.tmdn.org/tmview/#/tmview/detail/RU500000000661748 Duksin’s illegitimate trademark never featured this qualifier.
References
↑1, ↑3, ↑58, ↑59 | https://www.gofundme.com/f/scp-legal-funds |
---|---|
↑2 | https://www.rbc.ru/companies/trademark/661748/scp-foundation-secure-contain-protect/ |
↑4 | https://dtf.ru/nenanimalsia/82190-osnovateli-scp-organizovali-sbor-sredstv-na-isk-protiv-andreya-duksina |
↑5 | https://twitter.com/scpwiki/status/1196452216405733378 |
↑6, ↑22 | https://boingboing.net/2019/11/16/secure-contain-protect.html |
↑7, ↑52 | https://archive.ph/JOoMY |
↑8 | https://archive.md/XYp6x |
↑9 | https://archive.md/OCeto |
↑10 | ttps://m.youtube.com/watch?v=elmW4yKX-lY |
↑11 | https://web.archive.org/web/20200505030736/https://knowyourmeme.com/editorials/interviews/the-scp-foundation-discusses-history-the-future-and-even-some-of-their-favorite-memes |
↑12, ↑13 | https://m.youtube.com/watch?v=BuuNTGeavN4 |
↑14 | https://m.youtube.com/watch?v=yN1nc5MhqKg |
↑15 | https://m.youtube.com/watch?v=A10Wqj14ifU&feature=youtu.be |
↑16 | https://m.youtube.com/watch?v=_1zrNIsvzaU&feature=youtu.be |
↑17 | https://m.youtube.com/watch?v=zvBlRKM8hx8 |
↑18 | https://m.youtube.com/watch?v=2gxhIoKHJS0&feature=youtu.be |
↑19 | https://m.youtube.com/watch?v=ks_QByD-MiQ |
↑20 | https://bloody-disgusting.com/editorials/3594375/the-scp-trademark-is-under-attack/ |
↑21 | https://www.change.org/p/russian-federation-undo-scp-foundation-copyright-in-russia |
↑23 | https://vk.com/@chaspravosud-chto-takoe-otkrytaya-licenziya-para-slov-o-konflikte-v-scp |
↑24 | https://dtf.ru/life/81455-scp-vse-eshche-pod-ugrozoy?comment=3386731&ref=dtf.ru |
↑25 | https://dtf.ru/tag/standwithscpru |
↑26 | https://walkmanstalker.ruplayers.com/2HOH1avMjaFnkHU/duksin-teper-blokiruet-gruppy-v-vk-po-scp.html |
↑27 | https://regnum.ru/news/2773965.html |
↑28 | https://dtf.ru/life/49203-partner-proekta-scp-foundation-zaregistriroval-torgovyy-znak-i-stal-trebovat-dengi-s-vladelcev-magazinov-merchendayza |
↑29, ↑61, ↑64, ↑70, ↑71 | https://web.archive.org/web/20230407173525/https://m.vk.com/@scpfanpage-rezume-po-konfliktu-s-andreem-duksinym |
↑30 | https://web.archive.org/web/20200428004712/http://05command.wikidot.com/russia-licensing-statement |
↑31 | https://denhalaw.com/scp-legal-battle-status/ |
↑32 | https://archive.ph/NX6LC |
↑33 | https://web.archive.org/web/20200404181223/http://www.scp-wiki.net/forum/t-11572837/announcement-regarding-ongoing-license-violation |
↑34 | https://web.archive.org/web/20211206033828/https://sun9-67.userapi.com/MeBopdwXz6A0wJ0Kv84Qw9z06vrR4b7q7wemYw/Ht1I82tJ2Dw.jpg |
↑35 | https://web.archive.org/web/20211206033827/https://sun9-25.userapi.com/EAKwslkTIAmklrOJyj06DbiG4DmGtieJ-TCtgA/GbgH-1udIKo.jpg |
↑36 | https://www.youtube.com/watch?v=3sJyv4Mv0NQ |
↑37 | https://web.archive.org/web/20190511082523/https://www.youtube.com/watch?v=3sJyv4Mv0NQ |
↑38, ↑41, ↑43, ↑48 | https://web.archive.org/web/20191113094450/https://vk.com/wall-53433582_113247 |
↑39 | https://web.archive.org/web/20211206033832/https://sun9-42.userapi.com/sKvaCIysi4dSPpX4eeDj-UZ9cRAmXsq9THL8qA/cetvfkBKeXs.jpg |
↑40 | https://web.archive.org/web/20211206033832/https://sun9-18.userapi.com/k8joFRGkjAU2Gb6kfw7OUtNyhKC17h6HTRh5IA/KjZel58iZH4.jpg |
↑42 | https://pikabu.ru/story/prodolzhenie_istorii_s_konfliktom_vokrug_scp_foundation_i_ocherednoe_obyavlenie_ot_administratsii_russkogo_filiala_7031733 |
↑44 | https://archive.ph/UEPYk |
↑45 | https://web.archive.org/web/20191113094437/https://vk.com/wall-53433582_114082 |
↑46, ↑49 | https://web.archive.org/web/20191113091655/https://vk.com/scpfanpage |
↑47 | https://vk.com/scpfanpage |
↑50 | https://archive.li/QxNeH |
↑51 | https://archive.li/oO8NX |
↑53 | https://archive.ph/RWyoi |
↑54 | https://archive.ph/MSS0x |
↑55 | https://vk.com/scpfanpage?w=wall-53433582_121927 |
↑56 | https://archive.ph/72QiL#selection-25145.0-25217.92 |
↑57 | https://vk.com/chaspravosud?w=wall-75214252_821 |
↑60, ↑65, ↑74, ↑80 | https://www.gorodissky.com/publications/articles/trademarks-in-russia/ |
↑62 | https://psv4.userapi.com/c237331/u50403369/docs/d2/f5823cc607c4/SIP-143-2021_20220407_Reshenija_i_postanovlenija.pdf?extra=ITIEANa4WY1Hqsoxm2DnNUQSf9kc5or0nArUYAMOYBt0ewNgr488nXMWqAuSU09pnWtGr9YQHdsD9i9DqDwcP51Ud0H82N6nfxRkvFLthj9QvpQ7eBWM0bplp2jcY9jlOILoZQrSYeI |
↑63 | https://psv4.userapi.com/c237331/u50403369/docs/d34/7b5f729ae4d5/Reshenie_Ufas.pdf?extra=tH1_RWzGz03q89N-a0cEPOMdb_JVavQm-pQxm20LOU1qMqo88amaO08DnifySrS6H14axoh1oZ0uwLiuzafE2kIkU8I3PE_41QV6IvbUlrJvPL4dvl11sq8L7mSkXMf9cZXWSVaHC3c |
↑66 | https://www.youtube.com/watch?v=HVmbgrTExlk |
↑67 | https://www.gofundme.com/f/scp-legal-funds, Update March 27, 2021 |
↑68 | https://archive.ph/r8xA2#selection-2895.0-2903.409 |
↑69 | https://scp-wiki.wikidot.com/forum/t-12800526/announcement-regarding-licensing-emergency#post-4449806 |
↑72, ↑77, ↑84 | http://www.tiplj.org/wp-content/uploads/Volumes/v5/v5p1.pdf |
↑73 | https://heinonline.org/HOL/LandingPage?handle=hein.journals/tipj5&div=8&id=&page= |
↑75 | https://rusbankrot.ru/en/new-claim/suzuki-corporation-is-suing-rospatent/ |
↑76 | https://craneip.com/microsoft-has-won-the-rights-to-the-minecraft-trademark-in-russia-in-court/ |
↑78 | https://www.stopfakes.gov/article?id=Does-a-U-S-Trademark-Registration-Protect-a-Trademark-in-a-Foreign-Country |
↑79 | https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf |
↑81 | https://sojuzpatent.com/trademarks/trademark-registration-in-eurasian-region |
↑82 | https://archive.ph/WwRbf#selection-1613.872-1613.1141 |
↑83 | https://archive.ph/UEPYk#selection-1711.0-1711.110 |
↑85 | https://www.tmdn.org/tmview/#/tmview/detail/RU500000000661748 |