One of the mediators from the Solis Center represented the interests of an individual in a dispute over intellectual property rights violations in a court of general jurisdiction.
In February 2025, the case concluded with an out-of-court settlement before the trial on the merits began.
Case Background
In 2009, the claimant reached an agreement with a Moscow-based publishing house to publish a book about a well-known film director. The contract stipulated that all rights to the book would remain with the claimant. The book was published, but the entire print run was not sold.
In 2024, the claimant unexpectedly spotted the book for sale in a bookstore and discovered that the publisher had decided to release a new edition of the book, timed to coincide with the anniversary of the film director. The publisher neither obtained the claimant’s consent for the new release nor informed him about it.
During negotiations with the publisher’s representative, the claimant demanded the free transfer of the entire print run of the new edition and compensation for the infringement of his rights. Although the publisher verbally acknowledged the violation, they were reluctant to accept the claimant's terms.
Receiving no response from the publisher, the claimant filed a lawsuit demanding the destruction of the entire print run at the publisher's expense and compensation equal to twice the cost of the book’s print run.
The payment of compensation in the requested amount posed serious financial difficulties for the publisher, potentially leading to bankruptcy.
Settlement Agreement
After the initiation of the legal proceedings, the respondent recognized the seriousness of the claimant’s intentions and the potential financial consequences, prompting them to propose an out-of-court settlement.
The claimant agreed, understanding that the court process could drag on for years, and enforcement of the court decision was uncertain given the publisher’s lack of necessary funds.
During discussions of the settlement terms, both parties concluded that an out-of-court agreement was the best option, including from the standpoint of confidentiality, rather than proceeding with a court-mediated settlement.
Under the terms of the settlement agreement, the claimant withdrew the lawsuit, while the respondent transferred the entire print run of the book to the claimant and paid compensation in the amount initially requested during pre-trial negotiations.
Conclusion
It often happens that parties underestimate the risks of litigation during the pre-trial stage and only recognize them after the legal process begins. This leads to temporal, financial, and often reputational losses. Relationships between partners can be irreparably damaged.
Only after the commencement of legal proceedings do the parties realize the necessity of negotiating peacefully.
We recommend evaluating each dispute for risks and mediability because even a court case with promising prospects may lead to unforeseen negative consequences that could outweigh both the relationships and the success of winning the case. Reaching an agreement before going to court can prove more beneficial for everyone.
Veronika Demidova,
Solis Mediation Center
In February 2025, the case concluded with an out-of-court settlement before the trial on the merits began.
Case Background
In 2009, the claimant reached an agreement with a Moscow-based publishing house to publish a book about a well-known film director. The contract stipulated that all rights to the book would remain with the claimant. The book was published, but the entire print run was not sold.
In 2024, the claimant unexpectedly spotted the book for sale in a bookstore and discovered that the publisher had decided to release a new edition of the book, timed to coincide with the anniversary of the film director. The publisher neither obtained the claimant’s consent for the new release nor informed him about it.
During negotiations with the publisher’s representative, the claimant demanded the free transfer of the entire print run of the new edition and compensation for the infringement of his rights. Although the publisher verbally acknowledged the violation, they were reluctant to accept the claimant's terms.
Receiving no response from the publisher, the claimant filed a lawsuit demanding the destruction of the entire print run at the publisher's expense and compensation equal to twice the cost of the book’s print run.
The payment of compensation in the requested amount posed serious financial difficulties for the publisher, potentially leading to bankruptcy.
Settlement Agreement
After the initiation of the legal proceedings, the respondent recognized the seriousness of the claimant’s intentions and the potential financial consequences, prompting them to propose an out-of-court settlement.
The claimant agreed, understanding that the court process could drag on for years, and enforcement of the court decision was uncertain given the publisher’s lack of necessary funds.
During discussions of the settlement terms, both parties concluded that an out-of-court agreement was the best option, including from the standpoint of confidentiality, rather than proceeding with a court-mediated settlement.
Under the terms of the settlement agreement, the claimant withdrew the lawsuit, while the respondent transferred the entire print run of the book to the claimant and paid compensation in the amount initially requested during pre-trial negotiations.
Conclusion
It often happens that parties underestimate the risks of litigation during the pre-trial stage and only recognize them after the legal process begins. This leads to temporal, financial, and often reputational losses. Relationships between partners can be irreparably damaged.
Only after the commencement of legal proceedings do the parties realize the necessity of negotiating peacefully.
We recommend evaluating each dispute for risks and mediability because even a court case with promising prospects may lead to unforeseen negative consequences that could outweigh both the relationships and the success of winning the case. Reaching an agreement before going to court can prove more beneficial for everyone.
Veronika Demidova,
Solis Mediation Center