European order for payment
Anna Zielińska from the Dispute Resolution and Arbitration practice group at Wardyński & Partners explains how to pursue undisputed monetary claims against foreign debtors.
Calvin Klein is not the only "CK"
The European Court of Justice has held that the trademark „CK Creaciones Kennya” is not similar to the trademark „CK” registered by the Calvin Klein Trademark Trust for clothing.
If you don't go to court, the court may come to you
Failure to appear at a court hearing where testimony will be taken from the parties or witnesses does need not necessarily mean that the hearing will have to be continued to a later date.
"Collection of items and rights" subject to a registered pledge should be interpreted in light of the economic purpose
The Polish Supreme Court upheld a cassation appeal presented by Wardyński & Partners and held that when evaluating whether a changing collection of assets may be subject to a registered pledge…
Unlawful to reuse trademarked containers?
The ECJ is to decide whether reuse of packaging bearing a competitor’s brand is trademark infringement.
Czechs win Budweiser name in Europe
The dispute over the Budweiser name in Europe is now over. The European Court of Justice upheld the opposition by the Czech company Budějovický Budvar to an application by the American company Anheuser-Busch to register the Budweiser trademark for beer.
Correspondence with in-house lawyer not covered by attorney-client privilege
Wymiana korespondencji w ramach przedsiębiorstwa lub grupy przedsiębiorstw z prawnikami wewnętrznymi nie jest objęta tajemnicą informacji wymienianych między adwokatem a klientem, orzekł ETS w sprawie Akzo Nobel.
How long is a bank liable for the act of an employee?
If bank staff commit an offence to the detriment of a bank customer, the bank is liable for failure to supervise the employee.
Is it legal to use someone else's trademark in Internet advertising?
Use of other people’s trademarks as keywords may constitute trademark infringement if it is done without consent of the holder and the advertising steered to by the keywords may suggest legal or commercial ties between the advertiser and the holder.
Class actions
The Act on Enforcement of Claims in a Group Proceeding went into effect on 19 July 2010. The act introduces the institution of the class action, not previously recognised under Polish law.
May products be marked with national symbols?
Polish national symbols, such as the coat of arms (a white eagle with a golden crown on a red background), the red and white flag, and the national anthem (Dąbrowski’s Mazurka), enjoy special legal protection.
A DNA sequence alone does not merit patent protection
The holder of a patent may not prohibit trade in products containing a patented DNA sequence if the sequence does not perform the function for which it was patented.
