The plaintiff in this case was Theatermogul ehf, owner of the CTM CAVEWOMAN no. 005051545 which was registered in Class 41 for services such as theatrical performances and orchestral services, production of radio and television broadcasts and programmes. The plaintiff also owned several Polish registrations, such as KOBIETA JASKINIOWIEC, JASKINIÓWKA, W OBRONIE KOBIETY–JASKINIOWCA, W OBRONIE JASKINIÓWKI, JASKINIOWIEC, and W OBRONIE JASKINIOWCA, which are mostly translations and variations of English signs. The defendant produced a show by Sigitas Parulskisa in an adaptation by Cezary Harasimowicz entitled CAVEWOMAN-Kobieta jaskiniowa, which was widely advertised and repeatedly shown in Poland and abroad.

The plaintiff argued that it had never allowed the use of its trade marks, and called for cessation of the infringement. However, the defendant only partially complied with this request, changing the title of the show to ‘Kobieta pierwotna’ but leaving in its advertising, tickets, and website a note that this show was previously called CAVEWOMAN-Kobieta Jaskiniowa. The defendant was also still using the website www.kobietajaskiniowa.pl.

The Court for the Community Trade Marks and Community Designs (in Polish: Sąd Okręgowy w Warszawie Wydział XXII Sąd Wspólnotowych Znaków Towarowych i Wzorów Przemysłowych) in its judgment of 4 June 2009 case file XXII GWzt 3/09 ruled that the defendant’s use infringed the CTM CAVEWOMAN and prohibited the use of all trade marks owned by Theatermogul ehf in the title or subtitle of the show, advertising and promotional materials, websites, or on tickets. The Court also ordered the defendant to withdraw from circulation and destroy all promotional and advertising materials and tickets containing the CAVEWOMAN and/or KOBIETA JASKINIOWA signs in the title or subtitle of the show. A public announcement of the judgment was ordered, this to be at the expense of the defendant, in the daily editions of national newspapers.

Categories: Art. 296(1) IPL | Directive 89/104/EEC | EU law | Polish Act on Industrial Property Law | Polish Court for the Community Trade Marks and Community Designs | Polish courts | Regulation 40/94 | trade mark infringement | trademark law.