All entries
A favourable judgement – lost profits
We are pleased to announce that in one of the cases conducted by us a final judgement of a Court of Appeal was issued, in which nearly 300.000,00 PLN was adjudicated in favour of our Client.
The meaning of earlier trademarks
In the opposition registration system the registrar (e.g. the Patent Office of the Republic of Poland or EUIPO) examines only absolute grounds of refusal.
Absolute grounds of refusal ruthless for the adidas three stripe trademark
Last week a judgment regarding one of the most well-known trademarks in the sports industry was issued.
CJEU on the effect of so called disclaimers
The CJEU, responding to the questions referred by the Court of Appeal in Stockholm about the legal effect of exemptions from protection of non-distinctive elements of trademarks…
Providing information in IP disputes – the question of form
The works on the reform to set up specialized courts for intellectual property have advanced. The Ministry of Justice has informed that such courts would start operating next year.
A confusing story about two little pigs
Most people in the EU probably know the children’s series Peppa Pig and the main character a little pig called Peppa.
Fighting for control over the alcohol market in Poland
Numerous disputes over known Polish alcohol brands have taken place recently. Competitors often attempt to invalidate the trademark or force it to expire, e.g. Wiśniówka, Krupnik, Starka or Sophia, claiming they do not have trademark distinctiveness.
RCDs: are they always examined by a court in Warsaw?
Disputes regarding infringement of community designs have to be examined by the Court for the EU Trademarks and Community Designs in Warsaw (XXII Division of the Regional Court in Warsaw).
Problems with delivering a decision on interim injunction
An interim injunction is an extremely important tool for the protection of intellectual property rights, aimed primarily at the immediate termination of unlawful activities of a third party and a seizure of infringing goods.
When is a graphic trademark misleading?
Assessing the similarity of graphic trademarks is more difficult than trademarks with verbal elements. A number of principles have been developed in determining whether the signs are similar in a way that leads to a risk of confusion.
Problems with an implied license
It is a principle of the copyright law that there is no need for a written form of license agreements (except for the exclusive license).
Intellectual property courts to be soon established in Poland
The works on the reform to set up specialized courts for intellectual property have advanced. The Ministry of Justice has informed that such courts would start operating next year.
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