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Co-operation as an obstacle to a trademark registration

The case which is the subject of a recent judgment of the Court of Justice of the European Union (CJEU) concerns relatively frequent situations of disloyalty consisting in a trademark application by a former distributor, representative or agent. Judgment of the CJEU...

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Conciliatory proceedings as an alternative to a lawsuit

In intellectual property cases litigations are most often considered a necessity when negotiations fail. An alternative to a lawsuit is conciliatory proceedings, provided for in article 184 Act of 1 November 1964 Code of Civil Procedure. Submitting a motion for...

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Sweet disputes in Poland – MICHAŁKI candies

A market success on a FMCG market largely depends on the presentation of the product, in particular the packaging and designations. Therefore, producers care about the attractiveness of the appearance of a product, a brand recognition, and a clear distinction from...

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Positional trademarks on vehicles – CJEU interpretation

Colorful vehicles have become a contribution to the interpretation of Community law in the field of the so-called positional trademarks. In the judgment of 8.10.2020, the CJEU specified the criteria for assessing the distinctive ability of position marks.

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