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Directive 93/83/EEC and cable broadcasting
By judgment of 8 September 2022 (ref. C-716/20), the CJEU ruled that Article 1(3) of Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and...
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...
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...
The mere request to stop infringements does not break the tolerance of the infringement
In Case C-466/20, the CJEU commented on the 5-year time limit for tolerating trade mark infringements and the possibility of breaking it by issuing a cease and desist notice. Proceedings of the national court: The Claimant is the proprietor of the EU word mark...
Patent and provisional measures. CJEU: a judgment declaring validity is not necessary!
In its judgment of 28 April 2022 (ref. C-44/21), the CJEU ruled that Article 9(1) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights must be interpreted as precluding national case...
What are the so-called „other expenses”? CJEU ruling dispels doubts in this regard
In its judgment of 28 April 2022 (ref. C-559/20), the CJEU addressed the issue of legal costs in the context of other expenses referred to in Directive 2004/48/EC. Pursuant to Article 14 of that Directive, Member States are required to ensure that reasonable and...
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...
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...
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...
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