intellectual property

Coordination of commercial policy and exhaustion of trademark rights

The advocate general at the Court of Justice has issued his opinion on parallel Schweppes trademarks functioning in different EEA countries and registered for separate proprietors.

Multimedia trademarks open up entirely new possibilities

Changes to the EU’s trademark regulations entered into force on 1 October 2017, recognising for the first time multimedia marks combining image and sound. They may consist for example of animations launched in mobile devices or apps, jingles from film studios, brief video clips, and so on.

The Domestos bottle: Registration of three-dimensional trademarks

Recent case law from Poland and the EU shows that it is tough to gain protection for a 3D trademark in the form of the shape of a product. Maintaining the protection of such a mark may also be a problem.

Troublesome multiple royalties

The award of multiple hypothetical royalties provided for in Poland’s Copyright Act is the subject of numerous debates and various rulings by the Constitutional Tribunal and the Court of Justice of the European Union.

Trademarks and business names: Similarities and differences

In resolving a conflict between a trademark and a business name, what will essentially be decisive is who first used the disputed designation. The true subject of the business will also be relevant.

Can capturing Pokémons put you on the wrong side of the law?

Players hunting for virtual creatures could end up facing real-life civil or even criminal liability.