intellectual property

Anna Pompe: Polish distributors often unknowingly infringe trademarks

An interview with Anna Pompe, a partner at Wardyński & Partners, co-head of the Intellectual Property practice group

Is it legal to use someone else’s trademark in Internet advertising?

Use of other people’s trademarks as keywords may constitute trademark infringement if it is done without consent of the holder and the advertising steered to by the keywords may suggest legal or commercial ties between the advertiser and the holder.

May products be marked with national symbols?

Polish national symbols, such as the coat of arms (a white eagle with a golden crown on a red background), the red and white flag, and the national anthem (Dąbrowski’s Mazurka), enjoy special legal protection.

A DNA sequence alone does not merit patent protection

The holder of a patent may not prohibit trade in products containing a patented DNA sequence if the sequence does not perform the function for which it was patented.

Someone else’s trademark in a domain name?

Internet domain names should be registered in a way that respects prior rights.

Sales of samples and testers infringes trademark rights

A trademark holder may prohibit sale of brand samples and testers if the holder reserves title to the items and expressly indicates that they are not for sale, the European Court of Justice held on 3 June 2010.