Tag: Poland

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Reputation and likelihood of confusion – it’s all a bit of a Messi…
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We have a decision in the Sky v SkyKick case… and the long-awaited CJEU’s decision is good news for brand owners!
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Sky v Skykick AG – is this the end of a claim for “computer software?”
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Act on financial support for audiovisual production published in the Journal of Laws
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Judgment of the Supreme Administrative Court in the case of Dior v PPO (Poland)
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The protective capacity of 3D trademarks
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One fee per class system introduced in Polish trademark law
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Lack of distinctiveness as an obstacle for EUTM registration
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Use of another company (business name) in Internet advertising – ruling of the Court of Appeal in Bialystok (Poland)
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How Much Attention Does the Average Consumer of Ice Cream pay to Packaging?

Reputation and likelihood of confusion – it’s all a bit of a Messi…

CJEU determines no likelihood of confusion between footballer’s “Messi” figurative mark and earlier MASSI mark.

Whilst debate will continue to rage as to whether Messi or Ronaldo is the world’s best male football player, the Court of Justice of the European Union (the “CJEU”) has ruled that Argentine superstar can register his name as a trade mark after an almost decade long legal battle.

In an interesting decision for trade mark fanatics, irrespective of their interest in football, the CJEU stated that Lionel Messi’s reputation could be taken into account, without any evidence of said reputation being provided, when weighing up whether the public would be able to determine the uniqueness of Messi’s mark.

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We have a decision in the Sky v SkyKick case… and the long-awaited CJEU’s decision is good news for brand owners!

On 29 January 2020 the Court of Justice of the European Union (CJEU) handed its decision in the referral from the English High Court in the Sky v SkyKick case. We have previously covered this case and its importance for EU and UK trade mark law (including with our summary of the opinion issued by Advocate General Tanchev, which can be seen here).

The CJEU’s ruling provides good news for trade mark owners as it largely maintains the status quo for EU and UK trade mark law, departing from the AG’s Opinion in a number of important ways.

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Sky v Skykick AG – is this the end of a claim for “computer software?”

On 16 October 2019, Advocate General Tanchev of the CJEU has issued his opinion in Sky v SkyKick one of the most intriguing trade mark cases at the moment which will likely have a significant impact on EU trade mark law. Crucially the AG has advised that:

  1. “registration of a trade mark for ‘computer software’ is unjustified and contrary to the public interest” because it confers on the proprietor a “monopoly of immense breadth which cannot be justified”, and it lacks sufficient clarity and precision; and
  2. trade mark registrations made with no intention to use, in relation to the specified goods and services, may constitute bad faith.
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Act on financial support for audiovisual production published in the Journal of Laws

An Act on financial support for audiovisual production was published in the Journal of Laws on 10 January 2019. The Polish Film Institute (PISF) will soon provide financial support for the production of audiovisual works created in Poland.

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Judgment of the Supreme Administrative Court in the case of Dior v PPO (Poland)

On 4 August 2009, the company Interton sp. z o.o. (“Interton”) applied for the word-figurative trademark “A ADORATION” – goods from class 3 (cosmetics, including eye shadow, lash mascara, lipstick, fluids, makeup foundation, nail polish). The Polish Patent Office granted a protection to the mark (R-235773). Fast forward to 21 June 2017 (and after a number of oppositions and disagreements), the Supreme Administrative Court provided a ruling dismissing the PPO’s decision.

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One fee per class system introduced in Polish trademark law

Changes have been introduced in the system of fees for the submission and protection of trademarks and industrial designs with the Polish Patent Office (PPO). An amendment of the Regulation of the Council of Ministers on fees relating to the protection of inventions, utility designs, industrial designs, trademarks, geographic designations and topographies of integrated circuits was published and entered into force at the end of 2016.

To read the full alert, click here.

By: Michał Ziółkowski

Lack of distinctiveness as an obstacle for EUTM registration

The distinctiveness of a trademark is one of the conditions for obtaining a European Union trade mark (EUTM) registration. The concept of a trademark is defined through the prism of distinctiveness as its inherent characteristic, and also its basic function. This distinctiveness may be inherent (due to the unprecedented and extraordinary structure or content of the sign) or acquired (as a result of use of the sign on the market). Distinctiveness should be possessed by each representable and sensory perceptible sign capable of distinguishing goods or services that should perform the functions of a trademark in business or trade.

To read the full alert, click here.

By: Michał Ziółkowski

Use of another company (business name) in Internet advertising – ruling of the Court of Appeal in Bialystok (Poland)

In a ruling on 3 February 2017, the Court of Appeal in Białystok (Poland) considered an appeal by a defendant in a case concerning the right to combat unfair competition (case file I ACa 740/16). The dispute arose over the use by the defendant of the business name of the plaintiff when marketing services on the Internet.

The plaintiff’s business is debt recovery. Its activities involve acquiring debts from third parties or acting on behalf of creditors. The plaintiff became aware that the effectiveness of its activities was declining and believed the cause of this lay in the unlawful, in its opinion, activities of the defendant. The defendant conducts business involving consultancy services for debtors of banks and other institutions.

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How Much Attention Does the Average Consumer of Ice Cream pay to Packaging?

Ruling of the European Union General Court

On 25 September 2014, the European Union General Court (EU General Court) handed down a ruling (case ref. T-474/12) in the case of an invalidation of the right to a three-dimensional Community trademark created by the form of two packaged ice cream cups.

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