Krzysztof Drabikowski Wins Batushka Lawsuit in Polish Court, Bartłomiej “Bart” Krysiuk to Appeal
The tale of two Batushkas may be soon coming to an end, as a recent ruling in Polish court seemingly determined which party had full ownership of the band’s name. According to a ruling handed down on May 29, it’s founding member Krzysztof “Derph” Drabikowski’s version that reigns supreme.
As you may or may not remember, Batushka was founded by Drabikowski in 2015. The band exploded onto the scene and released their first album Litourgiya that same year with vocals handled by Bartłomiej “Bart” Krysiuk. Three years later, the band split up, with Drabikowski deciding that he was going to continue the band without Krysiuk.
Unfortunately, the latter party decided to keep going with the name instead, signing to Metal Blade in 2019 and releasing Hospodi. That iteration of the band eventually made its way to Napalm Records for a second album release and subsequently went out touring. Similarly, Drabikowski released Панихида in 2019 as Батюшка.
As is wont to happen, all of that was going on as a legal battle for the band’s name and who actually owned it. that lawsuit is now over, with Drabikowski now listed as the sole owner of the Batushka name. Under the ruling, Drabikowski has full copyright protections for the band and its name, as well as the right to perform under and advertise with the Batushka name. Conversely, Krysiuk is barred from using the name without Drabikowski’s permission.
Following the decision, Drabikowski released the following statement:
“On May 29, 2024, in Warsaw, at a non-public hearing in the case of Krzysztof Drabikowski v. Bartłomiej Krysiuk for the protection of personal rights in the field of advertising or promotion, for the protection of copyright, and in the case of a counterclaim by Bartłomiej Krysiuk v. Krzysztof Drabikowski for the protection of personal rights in the field of advertising or promotion, prevention and combating unfair competition, for infringement of the right to registration of a European Union trademark, the court ruled in the main claim prohibits Bartłomiej Krysiuk, without the consent of Krzysztof Drabikowski from using the name ‘Batushka or Батюшка’ in his musical activities including marking with this name musical recordings and audiovisual recordings containing musical recordings; Prohibits the defendant Bartłomiej Krysiuk from disseminating information that he has exclusive rights to the name ‘Batushka or Батюшка’, and that Krzysztof Drabikowski does not have rights to this name.”
Krysiuk also had something to say about the decision, calling it a disappointing turn of events that he plans to appeal.
“In connection with the judgment of the District Court in Warsaw, XXII Intellectual Property Division, we would like to inform you that the judgment is not final and may be appealed against. We are disappointed with the verdict and the length of the trial. which lasted over four years.
“Adding to our sense of disappointment is the fact that the amount of evidence we presented was insufficient. The above court decision is not binding and does not change our concert and publishing plans in the near future.
“We would also like to remind you that final court judgments are enforceable, i.e. those against which no complaint was filed within the deadline specified in the proceedings, and if a final judgment is passed in the next court instance, we will certainly respect it and comply with it.
“Of course, we expect another wave of hate, so please, if you are our fan, do not engage in pointless discussions and do not waste your time, listen to our music and support us.”
