Polish Court Rules KRZYSZTOF DRABIKOWSKI Owns The BATUSHKA Name, BART’s BATUSHKA Plans To Appeal

The history of Batushka is a muddy one. The band was founded in 2015 by Krzysztof “Derph” Drabikowski and released their debut album Litourgiya later that same year with vocalist Bartłomiej “Bart” Krysiuk.

Drabikowski and Krysiuk split in 2018, with Drabikowski plotting a way forward as Batushka without Krysiuk. Ultimately, Krysiuk was the one who moved on as Batushka and signed to Metal Blade for the 2019 record Hospodi. Krysiuk has since signed to Napalm Records for a second release without Drabikowski under the Batushka name, all while touring extensively.

Drabikowski carried on as Батюшка and released one album named Панихида in 2019, all while a court battle raged on in the background over who actually owned the Batushka name.

Now a ruling has come down that Drabikowski owns the name, and that Krysiuk cannot carry on as Batushka without Drabikowski‘s permission. As Krysiuk notes in his statement, he and his band plan to appeal the ruling, and that until the appeal is either accepted or rejected, his Batushka will carry on as Batushka.

Krysiuk wrote: “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.”

Drabikowski‘s statement, which draws from the official judgement on behalf of Poland, is as follows.

“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.”