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A #StandWithSCPRU flier, created by SCP Internet Outreach team.
Note: Most citations on this page are hyperlinked and are in the process of being converted to appear in the “References” section. Please pardon our progress.
#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][2] 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.[1] $23,000 was raised in the first 9 hours, $40,000 was raised in 24, and the goal was met within 48.[3][4][5]
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.[6][7][8] 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.[9][10][11][12][13][14][15][16][17][18][19][20][21][22] Numerous news articles were released on Russian outlets as well.[23][24][25][26][27][28]
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.[1]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.[32] 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.[33] Next, he explained on his ARTSCP project’s social media page that it was necessary for higher-production-value projects.[34] 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.[35][36](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”.[37] 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.[38][39] 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.[37] After community pushback, Duksin removed the locks from the seller who was the first known to be blocked by the trademark; this store remains open and functional as of the time of writing.[40]
![](https://i0.wp.com/www.containmentfiction.net/wp-content/uploads/2021/11/Screen-Shot-2022-05-20-at-10.14.18-AM.png?resize=300%2C164&ssl=1)
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”,[41][42] as well as two VK groups: the official VK page for the Russian branch of the SCP Wiki,[43] and a VK SCP meme community.[44][45] 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.[46]
Over time, Duksin’s tone shifted from a circumspect cooperator to a hostile aggressor.[37][47] He also stated explicitly that he intends to take over the -RU branch of the SCP Wiki.[48][49] SCP-EN and the greater international communities were made aware of this in an emergency announcement by -EN staff in November 2019.[6] -RU updated an official statement alongside this,[50] and the international communities released an official joint statement at this time.[51]
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.[59] As of writing, this announcement has been viewed over 10,000 times.[60]
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 outcome was as follows:
During the consideration of the case, the federal antimonopoly body officially established the following significant facts:
1) the designation “The SCP Foundation was developed and created not by Mr. Duksin, but by third parties;
2) Mr. Duksin did not order the development of this designation from these persons;
3) these persons developed, created and used this designation not for subsequent transfer to Mr. Duksin.”
The OFAS Commission also pointed out that the actions of Mr. Duksin (attempts to close publics and websites selling souvenir products on the subject of the Fund) may be an independent act of unfair competition and lead to an unjustified monopoly on the use of this designation by him in relation to goods, works or services for which trademark legal protection does not apply.
The commission itself did not recognize the acquisition of the right to a trademark as a fact of unfair competition… Nevertheless, we have achieved recognition that, if not the acquisition, then at least the use of the trademark by Mr. Duxin in the fight against the so-called “competitors” was illegal. It is very important.
We will continue to provide legal assistance to the administration of the Fund within the framework of the assumed obligations. The proceedings at the FAS are over, but this, obviously, is not the last stage of the work.
Thus the result of the initial trial was that Duksin would keep the trademark, pending further legal pursuit.[52]
The Russian-speaking SCP fandom’s reception to the lawyer’s update post was mixed:
In an update to the GoFundMe in November 2021, SCP Wiki representation wrote:[3]https://www.gofundme.com/f/scp-legal-funds
“Hello, everyone!
We’ve got some news. It’s not good, but it’s not terrible either.
On appeal, the previous court’s ruling was upheld by the Intellectual Property Court. As a reminder, the previous court ruled:
1. The SCP Foundation name and logo were created by parties other than Duksin.
2. Duksin did not commission their creation.
3. The parties which created the SCP Foundation name and logo did not transfer their rights to Duksin nor did they ever intend to do so.
4. The actions taken by Duksin may be an act of unfair competition in and of themselves, and could lead to an illegitimate monopoly due to using said trademark towards wares, works, and services not protected by said trademark.However, the IPC has left Duksin’s trademark intact, and they have chosen not to address this issue.
The case is far from finished, though; we are planning on appealing the decision to the next court up, the Intellectual Property Court Presidium, to challenge the ruling. Hopefully we will not need to appeal again, but we will continue trying regardless until we have a definitive ruling protecting SCP for all content creators, or all legal options are exhausted.
We will continue to update you as the case unfolds.”
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.[1][56]
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:[4]https://web.archive.org/web/20230407173525/https://m.vk.com/@scpfanpage-rezume-po-konfliktu-s-andreem-duksinym
“Summary of the conflict with Andrey Duksin
#StandWithSCPRU 25 Mar at 3:59 pmFor a number of external reasons and tactical considerations of our lawyers, for a long time we maintained a regime of silence in the conflict with Andrey Duksin. However, there is a need to answer the accumulated questions from the community, so we update the information.
- Current results
Let’s start with the main thing: on July 4, 2022, A.V. The SCP Foundation trademark was officially canceled by the Russian Federal Service for Intellectual Property.
The formal reason for the annulment was the “voluntary declaration” of Andrey Duksin himself. However, he filed this application shortly before the Intellectual Property Rights Court ruled on April 7, 2022 in case No. SIP-143/2021, in which he admitted that neither Andrey Duksin, nor anyone else (at least in Russia) is not entitled to assign commercial exclusive rights to the name of our community, and ordered the Russian Federal Antimonopoly Service to reopen the case of unfair competition.
Therefore, we believe that the said “voluntary statement” was only an attempt by A.V. Duksin’s lawyers. mitigate, as far as possible, negative consequences.
In turn, the Federal Antimonopoly Service, by decision dated October 25, 2022 in case No. 078/01/14.4-117/2020, recognized Andrey Duksin’s actions to assign rights to this trademark as unfair competition. Both decisions and an extract from the Register of Trademarks are attached to this publication.
So, we can conclude that our opponent’s presentation of his position as allegedly “legally unshakable” turned out to be, to put it mildly, hasty. We consider this result as the achieved minimum task.
The possibilities and ways of further bringing Andrey Duksin to liability for his illegal actions (in addition to the expenses that he has already incurred for these proceedings) within the framework of the maximum task are currently being studied by our lawyers.
We also continue to work on restoring access to Russian-speaking online communities on the subject of the SCP Foundation. We have already achieved the unlocking of our official public and are working on the return of other attributes, the presence of which will not allow anyone to doubt his status.
- Financial questions
In total, about 8% (yes, exactly eight percent) of the funds raised were spent on financing the legal work described above for 1.5 years. Given the high qualifications of the specialist we engaged and the complexity of the case, this is a very small price compared to the average market cost of such work: many Moscow lawyers in this field we interviewed wanted the same amount for just a couple of weeks of work. Moreover, the entire specified amount was transferred back in 2021.
We will not cover the details of the agreements with our lawyers – they have fulfilled their tasks, and we are ready to continue to use their services and recommend them to our friends and partners.
The remaining funds are still (or at least should be) at the disposal of the management of the English-speaking branch that organized the collection.
Taking this moment, we recall that the management of the Russian-speaking branch does not have and never had access to the collected money, however, there are people who still demonstratively and as loudly as possible “doubt” that everything is in order with this money. The fact that none of these concerned citizens has ever asked us or the English speakers a direct question says a lot about the true aims and motives of these “doubts”.
- Other totals
At the moment, VK support is considering a request to unlock our original public https://vk.com/public29463565 , created in August 2011. Other issues with support will be addressed as they become available.
Regarding the production and sale of merchandise, we can say one thing with certainty: at the moment, anyone can produce and distribute souvenirs based on the SCP Foundation project without fear of persecution by the so-called “right holder”. Content makers are only required to comply with the terms of the Creative Commons ShareAlike 3.0 license and applicable local laws.
If anyone has legal claims against Andrey Duksin, he can apply for their resolution privately. We also ask all our readers and participants not to harass Andrey Duksin both on the Internet and in real life (except in the process of official resolution of private claims in the legal field in the manner prescribed by law).
We are very grateful to all the people who made this result possible. First of all, these are our lawyers: Svyatoslav Chusov, who provided us with significant assistance in the first years of the proceedings, and Dmitry Kozhemyakin, who brought the case to the end.
We are grateful to the entrepreneurs who suffered from the actions of Andrey Duksin and united with us in order to restore justice. We are grateful to the journalists who covered the process at all stages.
We are grateful to the donors who paid for the services of lawyers and experts with their own funds.
Finally, we are grateful to our participants, readers and just people from all over the world who did not remain indifferent. Without your contribution, our victory would not have been possible!
We express the hope that Andrey Duksin will draw certain lessons from this whole story, gain some experience and, let’s not be afraid of this word, wisdom. There is some confidence that this will indeed be the case.”
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).[5] … Continue reading[6] … 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.[7]https://web.archive.org/web/20230407173525/https://m.vk.com/@scpfanpage-rezume-po-konfliktu-s-andreem-duksinym Criminal proceedings are possible, albeit unlikely.[56]
Notes on Russian Legal System, Proceedings
It should be noted that Russian intellectual property laws are notoriously difficult to navigate, particularly for oversees entities,[54] and often result in applications of trademarks to improper persons or entities.[55] 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.[56] 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.[57][58][54]
The structure of Russian courts by which appeals can be made include:
-
- appellate courts review existing evidence, as well as any new evidence if there is a legitimate reason for not submitting it at first instance;
- the Russian Intellecutal Property Court, acting as the first cassation appeal court, hears cases on the existing case records, but does not re-evaluate the evidence or facts;
- the Economic Board of the Russian Supreme Court, acting as the second cassation appeal court, also has no power to re-evaluate evidence and facts; and
- the Russian Supreme Court, in supervision appeals, may review a case and ascertain whether there is a substantial breach in law enforcement.[56]
SCP intended to invalidate the trademark on the relative grounds of prior rights. Given that no ruling had overturned Duksin’s trademarking of the SCP Foundation logo after the initial commercial trial, he stood to be the lawful holder ten years from the date of the issuance.[56] If Duksin’s trademarking was overruled and overturned, Duksin would possibly be subject to an administrative fines, the discrediting of his brand, the submission to a published court order, possible confiscation of his company and products, and likely subsequent cases from competing entrepreneurs with legal recourse who are seeking monetary relief.
Misunderstandings and Misinformation
-
- While Duksin is 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 be 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 SCP Foundation logo trademark does not apply to countries outside the ECU.[61][62][63][64] There is no possibility that branches other than -RU are 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.[65][66] (See “Various Media” section for screencaps of conflicting statements from SCP staff members; these are in the dedicated images as well as the fliers.)
- 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.[54] Two severe, 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.[67]
- 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 is not suing SCP-RU. Representatives of the international branches of the SCP Wiki, primarily members of the English branch, are suing Duksin, who is the defendant.
Trivia
An SCP ASMR YouTube channel provided a synopsis of the situation in June 2022.[8]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.[9]https://www.gofundme.com/f/scp-legal-funds, Update March 27, 2021[10]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.”[11]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.”[12]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.[13]https://web.archive.org/web/20230407173525/https://m.vk.com/@scpfanpage-rezume-po-konfliktu-s-andreem-duksinym
References
↑1, ↑4, ↑7, ↑12, ↑13 | https://web.archive.org/web/20230407173525/https://m.vk.com/@scpfanpage-rezume-po-konfliktu-s-andreem-duksinym |
---|---|
↑2 | https://denhalaw.com/scp-legal-battle-status/ |
↑3 | https://www.gofundme.com/f/scp-legal-funds |
↑5 | https://psv4.userapi.com/c237331/u50403369/docs/d2/f5823cc607c4/SIP-143-2021_20220407_Reshenija_i_postanovlenija.pdf?extra=ITIEANa4WY1Hqsoxm2DnNUQSf9kc5or0nArUYAMOYBt0ewNgr488nXMWqAuSU09pnWtGr9YQHdsD9i9DqDwcP51Ud0H82N6nfxRkvFLthj9QvpQ7eBWM0bplp2jcY9jlOILoZQrSYeI |
↑6 | https://psv4.userapi.com/c237331/u50403369/docs/d34/7b5f729ae4d5/Reshenie_Ufas.pdf?extra=tH1_RWzGz03q89N-a0cEPOMdb_JVavQm-pQxm20LOU1qMqo88amaO08DnifySrS6H14axoh1oZ0uwLiuzafE2kIkU8I3PE_41QV6IvbUlrJvPL4dvl11sq8L7mSkXMf9cZXWSVaHC3c |
↑8 | https://www.youtube.com/watch?v=HVmbgrTExlk |
↑9 | https://www.gofundme.com/f/scp-legal-funds, Update March 27, 2021 |
↑10 | https://archive.ph/r8xA2#selection-2895.0-2903.409 |
↑11 | https://scp-wiki.wikidot.com/forum/t-12800526/announcement-regarding-licensing-emergency#post-4449806 |