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.
No income recognised on in-kind contribution to partnership
In-kind contribution of a sole proprietorship to a partnership does not constitute the sale of the business, and thus the partner is not deemed to have income on the transaction.
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.
When is income on currency options recognised?
In the case of “virtual” currency forward contracts income is deemed to arise upon receipt of payment.
Price regulation on a competitive gas market
Setting rates for energy companies is not inconsistent with achieving competition on the energy market, but not all price interventions by regulators are legally permissible.
Better to file petition to enforce claim before the debtor is declared bankrupt
Sometimes creditors put off commencing an action to enforce a claim when it could worsen the debtor’s financial position. As a result, they must wait until the bankruptcy proceeding is over before filing suit.
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.
Grzelak v Poland
The failure to offer ethics classes in Polish public schools, resulting in absence of a grade for this subject in the student’s transcript, constitutes unlawful discrimination on religious grounds, the European Court of Human Rights has held.
Court may not decide on its own about impartiality of judges
Barring an interlocutory appeal from an order of an appellate court denying a motion to recuse a judge is unconstitutional.
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.
