All entries
What decisions can be left to the bailiff in a trade mark infringement case? The CJEU breaking judgment
Justice in Poland is implemented by the courts, and judgments are enforced by bailiffs. The problem arises when the operative part of the judgment is formulated in such a general manner that it de facto leaves it to the bailiff to decide which goods should be deemed...
Increase in legal protection against counterfeit pesticides in Poland
Trading with counterfeit plant protection products is not only a negative economic phenomenon, but also it is a major threat to human life and health and to the environment. The use of illegal pesticides of unknown composition, often manufactured under substandard...
Blue Monday for metal products manufacturers
By the judgment dated October 5, 2022 (ref. T-168/21), the Court of Justice of the European Union (CJEU) ruled on the distinctive character of a trademark representing the individual color blue (light blue: RAL 5012). The registration of an individual color has been...
A dispute over one letter with music in the background
Probably every Polish person knows the songs KOMBI band - not only those who were brought up in their heyday (70s-80s of XX c.). Few, however, realize that there are currently two bands on the Polish music scene: Kombi and Kombii. They sing the same songs and use a...
Why General Court does not support the “We do support” trademark?
The judgment of the General Court (Ninth Chamber) of 13 July 2022. In the Rimini Street, Inc. v European Union Intellectual Property Office (Case T 634/21) is a good illustration of what the trade mark descriptiveness ground for refusal is all about. An IT support...
Who pays for a representative in litigation?
An important issue for litigants is the question of the litigation economy. It concerns not only the amounts awarded for damages but also the reimbursement of costs to a successful party by a losing party. In this respect, a large, and perhaps the largest, part of the...
SFD loss in the battle for EU trade mark
On October 27, 2016, the Polish company SFD S.A., engaged in the trade of nutrients, dietary supplements, and dietary foods, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office. Registration as a mark was...
EU burden of proof guidelines
In March 2021, The Court of Justice of the EU issued an important preliminary ruling in the field of trademark law. It confirms the necessity to respect the principles of EU law before the rules of national law, also in terms of the burden of proof. The case concerned...
Computer game – a treausre trove of IP rights. How to protect them? Part I
The Polish computer games market is currently one of the fastest-growing in Europe. Revenues generated by companies from the gaming sector in Poland in 2020 amounted to EUR 969 million! It is known for a long time that where big money is – there are even bigger...
What game is Russia playing with the intellectual property of the Western world?
The war in Ukraine is an unimaginable tragedy for our Ukrainian neighbors. Intellectual property issues are certainly receding into the distant background. Nevertheless, in light of the numerous publications on this topic, we would like to organize and present the key...
Louis Vuitton loses attempt to block trademark registration
In January, the Opposition Division of the European Union Intellectual Property Office ("EUIPO") reached a surprising decision on an opposition filed by Louis Vuitton. The fashion house had sought to block the registration of a trademark that it claimed was too...
The conquest of the metaverse by the fashion industry
More and more trademark owners are expanding their registration applications to include goods that can be virtually downloaded, thereby securing their rights and presence in the metaverse. This is not surprising, as the virtual reality sector is growing rapidly. The...
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