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 distinctive. This holding ends the legal battle that was started by Lu Polska S.A. (owned by Kraft Food) against five other companies.

However, this judgment is not congruent with other courts’ decisions regarding the Delicje R-70513 trade mark. The District Court in Warsaw ruled on 27 march 2007 that the Tago Company, owned by Tadeusz Gołębiowski, which produces Delicje, Delicje Mazowieckie, Delicante and Fruktolicja cakes, infringed Lu Polska’s trade mark.

Categories: distinctive character | Polish Act on Industrial Property Law | Polish Appeallate Court | Polish courts | Polish District Court | Polish law | Polish Patent Office | trade mark infringement | trademark law.