A counterfeit with a typo – is it really a counterfeit?
In order to bring the perpetrator to criminal liability for trade in counterfeits, it is first necessary to determine whether the traded goods are counterfeited, i.e. whether they bear a counterfeit trademark. Can we speak about a counterfeit trademark only if it is identical to a registered trademark? Well, no. A counterfeit trademark may also be a mark slightly different from the registered one, i.e. a mark that is confusingly similar.
The Patent Office also recognizes the specifics of the cosmetics market
The cosmetics market is growing and with it the number of different trademarks reported for this type of products. Therefore, conflicts between trademark registrations are inevitable. Their assessment is essentially the result of an assessment of the similarity of the compared goods and the similarity of the compared trademarks.
Coordination of commercial policy and exhaustion of trademark rights
The advocate general at the Court of Justice has issued his opinion on parallel Schweppes trademarks functioning in different EEA countries and registered for separate proprietors.
Multimedia trademarks open up entirely new possibilities
Changes to the EU’s trademark regulations entered into force on 1 October 2017, recognising for the first time multimedia marks combining image and sound. They may consist for example of animations launched in mobile devices or apps, jingles from film studios, brief video clips, and so on.
The Domestos bottle: Registration of three-dimensional trademarks
Recent case law from Poland and the EU shows that it is tough to gain protection for a 3D trademark in the form of the shape of a product. Maintaining the protection of such a mark may also be a problem.
Troublesome multiple royalties
The award of multiple hypothetical royalties provided for in Poland’s Copyright Act is the subject of numerous debates and various rulings by the Constitutional Tribunal and the Court of Justice of the European Union.
Trademarks and business names: Similarities and differences
In resolving a conflict between a trademark and a business name, what will essentially be decisive is who first used the disputed designation. The true subject of the business will also be relevant.
Can capturing Pokémons put you on the wrong side of the law?
Players hunting for virtual creatures could end up facing real-life civil or even criminal liability.
Licence for an unlimited time in the assessment of the court
Exclusion of the possibility of terminating a licence, although debated by legal commentators, had not been ruled on by the Polish courts until recently. But now a judgment has been issued by the court of appeal inferring from the writings and behaviour of the parties that they concluded a non-exclusive licence agreement for an indefinite period without the possibility of terminating the licence.
Redress of damage from infringement of intellectual property rights
In a judgment issued on 9 June 2016, the Court of Justice ruled on the factors that should be considering when determining the extent of damage and the amount of reasonable compensation for IP infringement. The ruling was issued under Council Regulation (EC) 2100/94 on Community plant variety rights.
Damages for moral losses from infringement of intellectual property rights
A holder of intellectual property rights that have been infringed may demand damages for non-economic loss even when the holder also seeks damages on the basis of hypothetical royalties.
Radical changes in trademark law
The fairly long waiting time for registration of trademarks at the Polish Patent Office often means that instead of seeking protection in Poland, businesses decide to register with the European Union Intellectual Property Office (EUIPO, formerly OHIM). Although much more expensive, proceedings there are generally fast and simple. Major changes have now been made to Poland’s Industrial Property Law with the aim of making the Polish Patent Office more competitive with EUIPO.
