03.06.2015
BRAND & DESIGN
A calorie-related dispute between Nestle and Cadbury – protection of the shape of food products
The external appearance of products is one of the most important elements in the promotion and marketing strategy employed by companies. Roundness, protrusions or indentations thanks to the legal protection they enjoy may become an exceptionally valuable part of the product. Taking into consideration the potential of appropriate product design, one electronics industry giant – [...]
28.05.2015
BRAND & DESIGN
Black clouds over Skype…
Skye terrier, skylab, skylight, Skywalker, and the list goes on… but let’s focus on two words: “Sky” and “Skype”. Although these are two separate words, according to the Court of the European Union they are similar enough to prevent Microsoft from registering “Skype” as a trade mark. The IT giant from Redmond, Washington ,, from 2011 [...]
21.05.2015
FASHION, CULTURE & ART
Multiple the amount of respective remuneration under the copyright law prior to CJEU
A common request for payment in multiples of the amount of respective remuneration for the unlawful use of another person’s work is a widely debated problem in the jurisprudence. The right in question has been provided for in Article 79(1)(3)(b) of the Copyright and Related Rights Act and since the very beginning has stirred a [...]
20.05.2015
NEW TECH & INNOVATIONS
Office of Competition and Consumer Protection: A receipt could come in handy, but it is not by all means necessary…
When we buy something in a shop, it can turn out the product we bought is defective. In such case, we, as consumers and independent of the entrepreneur, may exercise our right of complaint in the form of warranty (in every circumstances) or guarantee (if granted). In practice , we may demand the goods be [...]
18.05.2015
ADVERTISING & EVENTS
Lady without an ermine, but on Facebook. About the use of classic works of art in advertising
“I’m already late and my nail polish still isn't dry”, „”Welcome to my Instagram”, “Shall I eat or post on FB […]”…; these and some other slogans “complement” works of art in the advertising campaign celebrating the 400th anniversary of the Grolsch brand. Slogans – reminiscent of memes – comment on scenes depicted from the [...]
11.05.2015
FASHION, CULTURE & ART
Permitted photography part 2 – pictures and the image of persons photographed
In contrast with the citizens of North Korea and some other similar places on the globe, we are living in a legal system in which photography is, as a rule, permitted. When taking pictures on the street, we shouldn’t expect being charged with the disclosure of state secrets or propagating foreign, unacceptable values. In the [...]
04.05.2015
FASHION, CULTURE & ART
Art feeds on art, i.e. it adapts, borrows, copies and is inspired
An exhibition entitled “Cannibalism? On appropriations in art” is currently being held at the Zachęta National Gallery of Art in Warsaw. This exhibition deals with the adaptations, sampling, borrowing and processing of culture. One could say: “art feeds art” which is a notion that led to the creation of so called “appropriation” art. From the [...]
25.04.2015
ADVERTISING & EVENTS
Legal rules on outdoor advertising
In the second half of March 2015 the lower house of the Polish Parliament adopted an Act cryptically named: “Act on changes of certain laws in connection with enhancing landscape protection measures”. This complicated name was shortened in the media to a few graceful words – the Landscaping Act draft. Despite the fact that the [...]
20.04.2015
NEW TECH & INNOVATIONS
“I demand voluntary payment” – about letters from exotic registers
We would like to point the Readers’ attention to the phenomenon of “unofficial” trade mark registers. For some time, there have been entities that deliver, both to persons and companies registering trade marks, requests for payment on account of implementing trade marks in their registers. This practice is not only employed in relation to the [...]
15.04.2015
NEW TECH & INNOVATIONS
The Court of Justice and Edward Snowden's revelations
On March 24, 2015 the Court of Justice of the European Union (CJEU) commenced proceedings in the case of Maximillian Schrems against a local Irish Data Protection Commissioner (file no. C-362/14) who refused to consider a complaint by Mr. Schrems concerning activities of the Irish branch of Facebook. The case has been given wide media [...]
08.04.2015
ADVERTISING & EVENTS
Severe headache of the Chief Pharmaceutical Inspector
As it has been demonstrated in practice, legal errors in advertising can happen to the best of us. Recently, it was Johnson & Johnson that experienced this first hand. Yesterday, the company “Johnson & Johnson Poland” stopped advertising a medicinal product named “Sudafed” promoted by the following slogan: “condition of head cold” or “quick relief [...]
08.04.2015
BRAND & DESIGN
Register trademarks with Fast Track
The Office of Harmonization in the Internal Market (OHIM), an entity responsible for registering EU trademarks, has introduced an accelerated procedure of registering trademarks, referred to as “Fast Track”. Thanks to this, entrepreneurs wishing to protect their designations, such as logotypes or unique business names – by fulfilling specific requirements indicated by the Office – [...]
