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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
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Christian Tenkhoff
Fidel Porcuna
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Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
MONDAY, 12 JULY 2010
Poland: big advertising and personal rights
Małgorzata F. sued a residential community and the advertising company for infringement of her personal rights by placing on the building in which she lives a big banner ad, which concealed all windows of her apartment. The plaintiff did not ask for financial compensation only for the apology to be published in the media.

The Appellate Court in Warsaw in its judgment of 9 July 2010 case file VI Aca 1460/09 held that such advertising does not constitute an infringement of personal rights, in particular immunity of residence, because it rather concerned the so-called domestic peace (mir domowy). The court suggested that the right way for such disputes is to challenge the resolutions of the community or to base a lawsuit on the rules on the protection of property, and not the path of protection of personal rights.

See also "Poland: reclaim the windows – the saga continues".

Posted by: Tomasz Rychlicki @ 11.51
Tags: Polish Appellate Court, Polish Civil Code, advertising law, case law, personal rights,
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