On 2 March 2021 the Polish Supreme Court finally decided that the famous Polish boxer Dariusz Michalczewski had won his case against FoodCare sp. z o.o. for the “Tiger” trademark for popular energy products (III CSKP 5/21). The internationally renowned Polish boxer Dariusz Michalczewski used the nickname “TIGER” during his sporting career. His nickname was…

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…

On 29 July 2019, the European Court of Justice (CJEU) handed down a ruling that ended a six-year battle over the validity of trademark rights in the name of Red Bull to the combination of the colours blue and silver (EUTM nos. 9417668 and 2534774) (C‑124/18 P). The CJEU dismissed Red Bull’s appeal and confirmed…

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…

In a plenary vote that took place on January 17, 2019, the lower house of the Polish Parliament (Sejm) adopted a bill amending the IP Law, the main purpose of which is – not a big surprise these days – to transpose the EU Trademark Directive 2015/2436 to the Polish trademark system (with just a…

It does not happen every day that you can see a trademark case decided by the EU General Court with a Polish claimant (EUTM applicant), represented by his Polish attorney, with a Polish judge as the rapporteur and even with Polish national acting as the EUIPO’s representative. One of very few non-Polish aspects of this…

Initially, I thought that this would not be a topic for this trademark-specific blog but, having read a very interesting and inspiring post of my Chinese colleagues on specialized intellectual property courts in China, I changed my mind and decided to share with the Readers also some Poland-related updates… Following a meeting held on December…

In two significant legislative steps, Poland has changed its overprotective approach to earlier rights in trademark application proceedings. Traditionally, the Polish Patent Office (PPO) examined relative grounds for refusal ex officio. It refused to register trademarks identical or confusingly similar to those covered by earlier registrations or applications, even if the owner of an earlier…