litigation

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.

Another gambling case

An EU member state may prohibit promotion and advertising of gambling services provided by enterprises from other member states, but may not apply discriminatory sanctions for violating the ban.

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.

Beware: not every infringement of a renowned brand is actionable

The court may refuse to find unfair competition even if the grounds are met, if the facts in the case show that the holder of a renowned trademark did not take action against infringements for an extended time.