What does „similar” mean?
eza wyroku z 2014-08-07 (sygn. akt II CSK 761/13) Sądu Najwyższego podjętego w składzie: Thesis of the judgment of 2014-08-07 (ref. no. II CSK 761/13) of the Supreme Court taken by:
- Agnieszka PIOTROWSKA (Presiding judge)
- Anna OWCZAREK (Rapporteur)
- Wojciech KATNER (Judge)
The demand resulting from a lawsuit and the ruling in the judgment on the claim for a cease of infringement should contain a clear, definite and categorical definition of the prohibited activities, which is necessary not only to ensure the possibility of enforcement, but also to respect the principle of economic freedom and the development of competition. The ruling as to prohibitions and injunctions (e.g., “similar”) is insufficiently precise, especially regarding information data covered by the freedom of use (extra butter, whetstone butter), necessary for the generic identification of goods by consumers. The wording of the ruling should include a clear conjunction of prohibited indications, so that it is impossible to implement the ruling only to a certain extent, for these reasons the vague phrase “especially” should be considered inappropriate.
