Trade mark law, case IV CSK 335/08

June 14th, 2009, Tomasz Rychlicki

The Supreme Court in its judgment of 4 March 2009, case file IV CSK 335/08, published in Jurisdiction of the Supreme Court Civil Chamber (in Polish: Orzecznictwo Sądu Najwyższego Izba Cywilna) of 2009, No. C, item 85, p. 161, ruled that the degree of similarity, which leads to linking (associating) both signs by relevant recipients is sufficient for the assessment of the similarity of the signs as a condition for infringement of a reputed trade mark. However, first, it is necessary to determine whether a trade mark has a status of reputable one, if the claim is based on article 296(2)(iii) of the Polish Act of 30 June 2000 on Industrial Property Law – IPL – (in Polish: ustawa Prawo własności przemysłowej) of 30 June 2000, published in Journal of Laws (Dziennik Ustaw) of 2001 No 49, item 508, consolidated text of 13 June 2003, Journal of Laws (Dziennik Ustaw) No 119, item 1117, with later amendments.

2. Infringement of the right of protection for a trademark consists of unlawful use in the course of trade of:
(iii) a trademark identical or similar to a renown trademark registered for any kind of goods, if such use without due cause would bring unfair advantage to the user or be detrimental to the distinctive character or the repute of the earlier trademark.