Procedural law, case V Aca 139/09

August 2nd, 2010, Tomasz Rychlicki

Reynaers Polska Sp. z o.o. sued Aluprof S.A for the infringement of its utility design UZY-62187. The Appellate Court in Katowice in its judgment of of 25 June 2009 case file V Aca 139/09 ruled that making the sentence publicly known is targeted to reconcile the offender, as it undermines consumer confidence in its product. The purpose of this kind of publication is not moral satisfaction of the plaintiff, especially if it’s a legal person being incapable of mental states. It is a legal remedy directed on the awareness of customers and their choice, that is reflected in the relations of property rights. The Court decides on publishing the judgement in full or in part, or the mention of the judgement, in a manner and at the extent as specified by the court. However, the plaintiff should also indicate the form and extent of publication in its lawsuit.