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Are the stripes on sports shoes reserved only for Adidas?

Adidas may well be the most known and recognizable brand for sports shoes and clothes in the world. The famous three stripes by Adidas are probably well known to everyone. However, choosing banal and popular pattern as the mark for your products, you will probably face similar ideas by competitors. Adidas has been challenging them [...]
History of Coca-Cola’s contour bottle continued

Coca-Cola offers us not only a ‘unique refreshment’ in a designer bottle, but also brings something to the EU acquis communautaire by losing (this time) its battle to register their bottle as a three-dimensional trademark. The European Union Court dismissed the complaint of The Coca-Cola Company against the decision of the Office for Harmonization in [...]
What happens when a business forgets about intellectual property?

Every business – small or large – has to deal with issues related to intellectual property. Of course there are such industries, sometimes called ‘creative’, for which copyrights, patents and industrial designs are the essence of their business. Filmmakers, editors, musicians, and artists usually do not need to be convinced of the importance of the [...]
With the shield or on the shield (of privacy)?

During the press conference, which took place on February 2nd, 2016 r., The European Commission announced the establishment of an agreement referred to as the “EU – US Privacy Shield”, which aims at imposing new, strengthened obligations on American entrepreneurs for transmitting personal data of European Union citizens to the United States. Privacy Shield instead [...]
Tattoo in the arms of copyright law – how not to end up in court because of a tattoo?

For some cultures they embody tradition and are works of art. They are elements of fashion or a way to manifest your beliefs. This is how tattoos are usually perceived. Sometimes there’s also a legal aspect to a tattoo. Lawsuits are brought more frequently to courts by tattoo artists claiming damages for copyright infringement, especially [...]
Less state aid for the creative industry

As the Report of the Office of Competition and Consumer Protection published on 30 December 2015 shows, in 2014 Polish entrepreneurs received more than PLN 25 billion of stateaid, which is approximately 15% more than in 2013. However, this increase does not apply to all industries. The share percentage for the creative industry in general [...]
What is the price of copyright infringement?

The legal environment has been moved by the Constitutional Court ruling of 23 June 2015 (SK 32/14), in which the Court held that three times the remuneration for culpable violation of copyright is incompatible with the Polish Constitution. The problem is that this subject did not make it to the minds of Polish creative industry. [...]
What’s new in the Operational Programs of the Polish Film Institute in 2016?

Every year, under the Director of the Polish Film Institute Order, the new Operational Programs for 2016 have been introduced, which differ in certain respects from the content of those from last year. As the PFI Operational Programs is a must read for any producer applying for funding with the institute, below we present important [...]
Are changes in access to online services within the EU possible?

Cross territory licensing over using works protected by copyright has been a matter of discussion within the EU for months in the context of a possible change of direction in the copyright law. For the moment the situation is not likely to change in the matter of so-called “geoblocking” – restrictions on access to content [...]
Australian, new, medium-sweet... KRRiT punishes TVN for alcohol advertising

Koalas, kangaroos, sunny hills of Jacob’s Creek, guests feasting at a well-laid table, glasses of water and... empty wine glasses. Such scenes were included in a TV spot promoting the Days of Australia, which was broadcast by TVN  in December  2014 at 00:43, in an advertising break during the film presentation of The Godfather. Despite [...]
Using another party’s trademark for designation of spare parts – CJEU’s ruling

In its ruling of 6 October 2015, the Court of Justice of the European Union concluded the so called “repair clause” does not constitute grounds for using another party’s trademark without its owner’s consent. Under the clause it was allowed to use a protected industrial design to repair a complex product in order to restore [...]
TV sponsor credits under the watchful eye of the National Broadcasting Council

The Chairman of the National Broadcasting Council in his decisions from November 27, 2015 fined several broadcasters in Poland for including advertising content in sponsor credits. The penalized broadcasters are some of Poland's largest: TVN, TVN 24, TVN Style, TVP1, Polsat, TV Puls and Kuchnia+. Everyone who enjoys a moment of relaxation in front of [...]
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