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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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Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
MONDAY, 7 JANUARY 2008
Poland: Delicje not distinctive

JaffaCakeThe District Court in Czestochowa and the Appellate Court in Katowice ruled that the name DELICJE (better known by our English readers as Jaffa cakes is not distinctive. This holding ends the legal battle that was started by Lu Polska S.A. (owned by Kraft Food) against five other companies (Act sign. V GC 83/04, and V ACa 469/07).

However this judgment is not congruent with other courts' decisions regarding the Delicje trade mark (R-70513). The District Court in Warsaw ruled on 27 march 2007 that the Tago Company, owned by Tadeusz Golebiowski, which produces Delicje, Delicje Mazowieckie, Delicante and Fruktolicja cakes, infringed Lu Polska's trade mark.

Posted by: Tomasz Rychlicki @ 08.08
Tags: Poland, Trade marks,
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