KIELECKI MAYONNAISE and its PACKAGING
Thesis of the judgment of 2012-05-23 (ref. no. IX GC 86/10) of the District Court in Cracow taken by a single-member panel:
- Małgorzata STANASZEK (Presiding judge)
The use of the word ŚWIĘTOKRZYSKI on the label of a mayonnaise product whose place of origin is a town located in the Lesser Poland (Małopolskie) province constitutes use of a false geographical indication. Since the trade mark owned by the claimant indicated Kielce, a town located in the Świętokrzyskie Province, the trade mark used by the respondent could have misled customers who wanted to buy the claimant’s product.
Unlawful use of another person’s trade mark may constitute both infringement of trade mark regulations and unfair competition.
The use of a similar marking remains an activity contrary to good practice.
Thesis of the judgment of 2013-01-15 (ref. no. I ACa 1268/12) of the Appeal Court in Cracow taken by:
- Józef WĄSIK (Presiding judge)
- Teresa RAK (Judge)
- Władysław PAWLAK (Judge)
For the determination of an act of unfair competition provided for in Article 10(1) of the Act on Combating Unfair Competition, it is not the comparison of the marking of the products used by a certain entity with the trade mark registered in favour of another entity that is decisive, but the comparison of that marking with the marking of goods used by another entity.
The action of the respondent committing an act of unfair competition in relation to the claimant cannot be sanctioned by a decision on granting the trademark right, in the period between its issuance and the cancellation of the trademark right.
