Preparation and use of adaptations of a construction design - basic issues
Lawyers from the Infrastructure, Transport and Public Procurement practice group at Wardyński & Partners explain how to lawfully make revisions to a construction design.
Anna Pompe: Polish distributors often unknowingly infringe trademarks
An interview with Anna Pompe, a partner at Wardyński & Partners, co-head of the Intellectual Property practice group
Is it legal to use someone else's trademark in Internet advertising?
Use of other people’s trademarks as keywords may constitute trademark infringement if it is done without consent of the holder and the advertising steered to by the keywords may suggest legal or commercial ties between the advertiser and the holder.
May products be marked with national symbols?
Polish national symbols, such as the coat of arms (a white eagle with a golden crown on a red background), the red and white flag, and the national anthem (Dąbrowski’s Mazurka), enjoy special legal protection.
A DNA sequence alone does not merit patent protection
The holder of a patent may not prohibit trade in products containing a patented DNA sequence if the sequence does not perform the function for which it was patented.
Someone else's trademark in a domain name?
Internet domain names should be registered in a way that respects prior rights.
Sales of samples and testers infringes trademark rights
A trademark holder may prohibit sale of brand samples and testers if the holder reserves title to the items and expressly indicates that they are not for sale, the European Court of Justice held on 3 June 2010.
Beware: not every infringement of a renowned brand is actionable
The court may refuse to find unfair competition even if the grounds are met, if the facts in the case show that the holder of a renowned trademark did not take action against infringements for an extended time.
Not every use of a trademark is sufficient to maintain registration rights
Placing a trademark on items given free-of-charge to customers does not constitute “genuine use” of a trademark required to maintain the registration.
Tiffany to shoemaker: don't tread on me
A renowned trademark may be protected in Poland even if the mark is not used or registered here.
