intellectual property

If you use a trademark in Spain, you are also using it in the European Union

Genuine use of a trademark in the EU as a whole may be proved in certain circumstances by showing use of the mark in a single member state.

“Dungeons” similar to “Dungeons & Dragons”

Are computer games still a niche product, or have they entered the mainstream? The possibility of registering a trademark similar to an earlier mark turns on this issue.

Use of an individual’s image in the media: A question of consent

A person’s image, in the sense of a physical picture of an individual, is subject to protection as a personality right and as personal data. The rule under Art. 81 of the Polish Copyright Act is that a person whose image is fixed must consent to dissemination of the image. Fixation of an image includes capturing of the whole or part of a person’s profile, through any means—photo, film, drawing, painting, or portrait—enabling identification of the person. Dissemination of an image means any form of publication, i.e. making it accessible to an unlimited set of recipients, as in the case of media access. It is irrelevant whether use of the image is aimed at generating financial gain.

Rules for liability of the administrator of a website for unlawful content posted by users

Liability for content published on the internet infringing for example personal interests, industrial property rights or copyright may be imposed not only on the author of the content, but also on the administrator of the site where it was published.

Risks and rules when cooperating with influencers

Whisper marketing is nothing new. Customers, especially younger ones, will lean toward a purchase if the good or service is recommended by a friend or someone they trust. They treat traditional advertising with increasing distance and scepticism.

Protection of catchphrases from films and TV shows

Catchphrases are intriguing not only as a phenomenon of social communication. They can also develop an economic dimension if they have marketing appeal. Consumers eagerly purchase T-shirts and gadgets decorated with amusing sayings, as a medium for expressing their own personality and preferences. What counts in this situation is to be the first to register the phrase.