Region: Poland

'Fighting Poland' sign obtains protection as symbol of national value

The 'fighting Poland' sign, which was created during the Second World War as a symbol of the Polish people’s protest against Nazi occupation, has acquired a unique type of protection reserved solely for national treasures. The sign was already protected as a patriotic symbol under the Industrial Property Law.

26 September 2014

Poland: The case for specialised arbitration

Arbitration proceedings can be an attractive way of resolving domain name disputes.

31 August 2014

Request for preliminary injunction dismissed in comparative advertising dispute

The Warsaw District Court has dismissed a request for a preliminary injunction in a comparative advertising dispute between two telecommunications companies. Telekomunikacja Polska SA, the owner of the mark NEOSTRADA, had sought a preliminary injunction preventing competitor Polkomtel from broadcasting an advertisement using the slogan “the Internet offered by Plus is faster than Neostrada”.

20 November 2013

'Folk Oscars' dispute: and the Oscar goes to...

The Academy of Motion Picture and Sciences has sued a Polish folk arts association, claiming that the name of its 'folk Oscars' infringed the rights in the OSCAR marks, and demanding that the award’s name be changed. According to the academy, the term 'folk Oscars' not only takes advantage of the renown of the OSCAR mark, but also dilutes it.

19 July 2013

Consumers will pay greater attention to beginning of mark

The District Administrative Court has upheld a decision of the Patent Office refusing to register the figurative mark QUATRO PAK QUALITY PACKAGING on the grounds that it was confusingly similar to earlier QUATRO marks. The court held that consumers would pay greater attention to the first two words of the mark (‘quatro pak’) and that the word 'quatro', which is identical to the earlier marks, was at the beginning of the mark applied for.

05 March 2013

Court considers whether use of mark in separate parts constitutes genuine use

The Supreme Administrative Court has considered whether use of the trademark TRANSPAK COOK WITH A GOOD TASTE in separate parts on product packaging constituted genuine use of the mark: the slogan 'Cook with a good taste' was used on the front of the packaging, while the mark TRANSPAK was written on the back.

04 October 2012

Decision clarifies registrability criteria for marks that are borderline descriptive

The Supreme Administrative Court has dismissed a cassation appeal in a case involving an application for the registration of the device mark HIGROSTEROWANIE ('higrocontrol'). The decision shows that a trademark which consists of a combination of words, but does not appear in any dictionary, will not always be considered to be fanciful and, therefore, may not obtain trademark protection.

26 April 2012

'People's Oskars' stir up Hollywood

The American Academy of Motion Picture Arts and Sciences has sent a cease and desist letter to a Polish folk arts association after discovering that the latter had been handing out awards called 'The People's Oskars'. The academy insists that the word mark OSCAR is “inseparably associated with the Academy Awards”.

03 April 2012

Supreme Administrative Court reiterates importance of comparing marks as a whole

In a case involving TZMO SA's figurative trademark HÁPPY BELLA BABY and Clinique’s CLINIQUE HAPPY marks, the Supreme Administrative Court has reversed a decision of the Warsaw District Administrative Court, holding that the latter should have taken into account the fact that the HÁPPY BELLA BABY mark contained elements used in earlier trademarks also owned by TZMO.

24 February 2012

‘.pl’ domain names see highest growth rate

NASK, the registry responsible for the Polish ccTLD, ‘.pl’, has published its third quarterly report for 2011. Among the European ccTLDs, ‘.pl’ is the one that has seen the highest growth rate, with 59% of domain names being renewed in the third quarter of 2011, the highest increase noted over the last two years.

12 January 2012

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