Dominika Kwiatkiewicz-Trzaskowska
When does a journalist infringe a company’s reputation?
The press enjoy the constitutional freedom of expression and fulfil citizens’ right to objective societal information, oversight and criticism. Where is the boundary the media must not cross before colliding with the personal rights of others? Can journalists report news derived from third parties, and are they required to report only true information?
Louboutin wins case to defend red-soled shoes as a trademark
The European Court of Justice (CJEU) has ruled that Christian Louboutin’s famous red sole does not consist solely of a shape that significantly increases the value of a product, and therefore can be registered as a trademark. This is an important victory for the fashion designer in the long-running battle concerning red-soled shoes.
Infringement of personal rights in the alcoholic beverage industry
Commercial exploitation of the attributes of well-known, admired or distinguished persons can bring a product positive associations, build recognition, and reinforce popularity. It is a guarantee of the highest quality and reliable origin. Names and images of long-dead historical figures in particular are often found on labels and in ads for alcoholic beverages. Sobieski, Chrobry, Poniatowski, Jagiełło, Kazimierz Wielki and Pułaski gaze at tipplers from bars and store shelves, along with Chopin, Ogiński and Amundsen. Can the use of attributes of a third party, including someone who is no longer alive, constitute an infringement of personal rights, and if so, whose? And what are the legal consequences? The answers are not always obvious.
INTA Designs conference 2018: Why industrial designs should be protected
Ignoring industrial designs or treating them as the least important option is a thing of the past. Designs will increase in importance and therefore need to be part of the intellectual property portfolio. This was the main message at the INTA Designs Conference 2018 on 26–27 February 2018 in London.
Repair clause in disputes over replacement parts
The new ruling by the Court of Justice on the “repair clause” gives more freedom to manufacturers of non-original replacement parts.
Three stripes prevail over two
The General Court refused registration of a trademark of two parallel stripes on sports shoes. The difference in the number of stripes did prevent conflict with the adidas trademark of three stripes.
Arabic for “Coke”? Master Cola isn’t it
When examining the similarity of trademarks, the typeface in which verbal elements of the marks are written must be considered, the EU’s General Court ruled in a recent judgment on reputed trademarks.
Domain disputes
Dominika Kwiatkiewicz from the Intellectual Property practice group at Wardyński & Partners explains how to achieve an amicable resolution of Internet domain name disputes.
