Lena Marcinoska: articles by this author

Negative PR against a management board member or finance director: Does it concern the company?

Can a statement concerning an individual employed by or affiliated with a company infringe not only the reputation of the individual, but also the reputation of the company? What sort of connection with the company, and what sort of comment, can have such results? What can be the practical consequences for example in litigation? The analysis below is devoted to companies, but the remarks are universal and may generally apply to any legal person (such as a cooperative, foundation, local government entity, and so on).

Omegatiming is only for Omega. But what about megatiming?

Sometimes after receiving a cease-and-desist letter, or during the course of litigation, an infringer will replace its disputed name with a new, modified name. But often such changes are unsatisfactory for the plaintiff and are also challenged. Are the defendant’s prior actions and the designations previously used by the defendant relevant to evaluation of the new, modified designation? How to assess a situation where the defendant modifies its name while attempting to maintain continuity with the one it previously used?

Tic-Tac prevails in dispute over MIK MAKI dragee container

In a judgment of 6 March 2019, the Court of Justice of the European Union gave its final ruling on a case surrounding invalidation of a community design presenting the box for MIK MAKI dragees. The invalidation was being sought by Ferrero SpA, claiming infringement of its registered figurative mark for Tic-Tac packaging.

Trademarks in dictionaries and encyclopaedias

Can a trademark owner require the publisher of a dictionary to indicate alongside the colloquial definition of a word that the word is a registered trademark?

Intoxicating advertising: A few real-life examples

Producers of alcoholic beverages struggle with highly restrictive regulations across many areas of their business. One is advertising. The Polish regulations, in the Act on Sober Upbringing and Combating Alcoholism of 26 October 1982, are quite rigorous compared to most other countries. Essentially it is illegal to advertise alcoholic beverages, but with some leniency for beer. Beer advertising is permitted, subject to great restrictions on manner, place, time, form and content.

From the drugstore to the courtroom – what are the main reasons behind disputes between cosmetic and perfume companies in Poland

On the Polish market of cosmetics and perfumes we will find both global producers and Polish brands. The latter are getting better and better. The cosmetics market in Poland doesn’t stop to grow. That growth has been particularly dynamic in recent years. Competition is also intensifying. It can lead to an increase in the number of court litigation cases related to intellectual property rights. Below we indicate what in our experience has been the most common subject of disputes among industry players.