On 30 April 2020 (C-772/18), the Court of Justice of the European Union (“CJEU”) addressed a contentious issue in trademark enforcement. It discussed the definition of “use in the course of trade”, especially as opposed to storing or importing in counterfeit trade. The CJEU examined Article 5(1) and (3)(b), (c) of Directive 2008/95 at the…

The Patent Office of Poland (PPO) and the World Intellectual Property Organisation Arbitration and Mediations Centre (WIPO) collaborate to raise awareness of Alternative Dispute Resolution (ADR) substitutes to court litigation to resolve IP and technology disputes in Poland. As a result, PPO and WIPO have established a common dispute resolution procedure to facilitate mediation in…

Polish Supreme Court, Civil Chamber, 9 May 2019, Case No. I CSK 263/18 The Polish Supreme Court (Sąd Najwyższy) overturned the judgment of the Warsaw Court of Appeal (case no. I ACa 962/16) on the basis that courts should assess the overall similarity of trademarks, whether it is phonetic, graphical or conceptual. Conceptual differences not…

The Polish Constitutional Tribunal issued a long-awaited judgment in December 2018 regarding a claim for information under the Polish Industrial Property Act (case no. SK 19/16). It ruled that a trademark owner cannot claim for information against an auction portal to disclose information about entities selling goods and about the quantity and prices paid for…