Jerzy Gojawiczyński owns the word-figurative trade mark ALE KINO! R-113226, registered for advertising and printing services in Class 35 and 42. Canal + Cyfrowy Spółka z o.o. is a broadcaster of a specialized TV program called “Ale Kino”, in which the company places also ads. Mr Gojawiczyński sued for trade mark infringement.

The Supreme Court in its judgment of 17 February 2005 case file I CK 626/04 held that the use of a registered mark in the course of trade by other entrepreneurs will be deemed as a violation of the provisions of the Industrial Property Law only if it is associated with the continuity of such activity, and when it is done effectively in business, i.e. outside the company, where it can be recognized and associated by consumers. The mere use of the trade mark within the company, especially one-time use or shortly periodic, is not deemed as a trade mark infringement.

Categories: Art. 23 CC | Art. 24 CC | Art. 296(1) IPL | Polish Act on Industrial Property Law | Polish Civil Code | Polish Supreme Court | trade mark infringement | trade mark use | trademark law.