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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
Blog Administrator
Christian Tenkhoff
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Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
FRIDAY, 10 JANUARY 2014
Poland: Allegro loses
The case of the owner of a Polish auction website Allegro.pl against The "Nigdy Więcej" (Never Again) Association and the "Zielone Światło" (Green Light) Foundation has reached the Appellate Court. For quick reminder of the facts see: "Poland: freedom of speech and property rights" and "Allegro wins apology".

The Appellate Court in Warsaw in its judgment of 9 January 2014 case file I ACa 841/2013 dismissed Allegro's claims. The Court noted that in this case there was a conflict of values, but also drew attention to the historical context of the sale of items referring to  Nazi ideology. The court held that undoubtedly there has been violation of the good name of the plaintiff – the name of the portal website, and in consequence, it could interfere with its business because some customers would not have positive opinions regarding the auction site. However, the rough means of expression that were undertaken by the defendants, in order to remove the sale of a Nazi gadgets, excluded illegality. According to the Court this action proved to be effective - having led to restrictions on the sale of Nazi's memorabilia . What's more important, the Court held that the defendants acted to protect a legitimate public interest. The court ruled that artistic criticism of such business activities of an auction portal is not an unlawful action and deserves constitutional protection. The judgment is final.
Posted by: Tomasz Rychlicki @ 08.06
Tags: Allegro, ISP, auction site, trade mark rights, personal rights or interests, Poland,
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