Trade mark law, case V ACa 469/07

January 7th, 2008, Tomasz Rychlicki

The District Court in Częstochowa in its judgment case file V GC 83/04, and the Appellate Court in Katowice in its judgment case file V ACa 469/07, ruled that the name DELICJE (better known by English readers as Jaffa cakes) is not a distinctive sign. This ruling ends long standing legal battle that was started by Lu Polska S.A. (owned by Kraft Food) against other five Polish companies. However, this judgment is not consistent with other courts’ decisions regarding the trade mark Delicje R-70513. The District Court in Warsaw ruled on 27 march 2007, that Tago Company, owned by Tadeusz Gołębiowski, which produces jaffa cakes under different brands such as Delicje, Delicje Mazowieckie, Delicante and Fruktolicja, infringed on Lu Polska’s trade mark.