by Wojciech Gierszewski | Nov 26, 2024 | trademark
Bad faith – the relevant moment of assessement According to the wording of Article 60 of the Civil Code, “subject to exceptions provided for in the Act, the will of a person performing a legal act may be expressed by any conduct of that person that...
by Wojciech Gierszewski | Nov 10, 2023 | trademark
EXHAUSTION OF RIGHT OR CONSENT OF THE TM HOLDER? Exhaustion of the trademark right is one of the most important limitation of the trademark right, which allows further trade of goods with trademarks originating from the right holder. In the EU reality, this exhaustion...
by Wojciech Gierszewski | Oct 4, 2023 | copyright, EN, trademark
TM REGISTRATION CANNOT BE RETALIATION ON FORMER EMPLOYEE Many cases related to intellectual property or, more broadly, unfair competition, originate from actions taken by former employees of a given entity. Typically, such an employee starts a competitive business in...
by Wojciech Gierszewski | May 2, 2023 | Bez kategorii, czyn nieuczciwej konkurencji, trademark
SEO WITH SOMEONE ELSE’S TRADEMARK The possibility of reaching new customers quickly can be so tempting for some entrepreneurs that they opt for marketing strategies with questionable trademark and competition compliance. One such practice that is definitely...
by Wojciech Gierszewski | Feb 14, 2023 | Bez kategorii, trademark
HOW TO PROVE TRADEMARK RIGHTS IN COURT After obtaining the right to a trademark (sometimes colloquially referred to as registering a logo or patenting a mark), the question arises as to how to prove in a dispute that we actually have this right. There are many...
by Wojciech Gierszewski | Feb 7, 2023 | Bez kategorii, trademark
PACZKOMAT TRADEMARK DISPUTE Our law firm in Gdansk recently had the opportunity to comment on the current dispute over the Paczkomat trademark. Legal counsel and patent attorney Wojciech Gierszewski presented his position in a legal newspaper article, which we invite...