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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SATURDAY, 14 FEBRUARY 2009
Thou shall not infringe trade marks
However some brand owners after consulatation with lawyers and trade mark attorneys may not share this kind of good faith and sense of humour. According to articles 153 and 154 of the Polish Act of 30 June 2000 on Industrial Property Law (ustawa Prawo wlasnosci przemyslowej z dnia 30 czerwca 2000 r.) published in Dziennik Ustaw 2001 No 49, pos. 508, consolidated text on 13 June 2003, Dziennik Ustaw No 119, pos. 1117, with later changes says:
Posted by: Tomasz Rychlicki @ 21.41
Tags: advertising standards, Famous marks, Polish law, trade mark infringement,
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Thou shall not infringe trade marks
Maciej Budzich of mediafun.pl blog wrote a story about new Polish advertising agency (Bed & Breakfast) that has posted on its website a presentation of "the Decalogue ads". The animation was done in Flash technology and it presented Apple's trade mark with "You shall have no other gods before me" commandment, Volvo trade mark with "You shall not kill", Winiary (well known for their foodstuff products) trade mark "You shall not commit adultery", Gerda (known for its famous anti-burglar locks) trade mark "You shall not steal". One of the founders of the agency said.
We did not want to offend anyone, but merely to rouse a debate in the industry. We did not ask advertisers about their opinion because we were acting in good faith and hoping for their high culture.
However some brand owners after consulatation with lawyers and trade mark attorneys may not share this kind of good faith and sense of humour. According to articles 153 and 154 of the Polish Act of 30 June 2000 on Industrial Property Law (ustawa Prawo wlasnosci przemyslowej z dnia 30 czerwca 2000 r.) published in Dziennik Ustaw 2001 No 49, pos. 508, consolidated text on 13 June 2003, Dziennik Ustaw No 119, pos. 1117, with later changes says:
Chapter 5According to the B&B website Volvo and PZU gave the agency a consent to use their trade marks.
Rights of Protection for Trade Marks
Article 153
1. The right of protection shall confer the exclusive right to use the trade mark for profit or for professional purposes throughout the territory of the Republic of Poland.
(...)
Article 154
The use of a trade mark shall, in particular, consist of:
(...)
(iii) using the trade mark in advertising.
Tags: advertising standards, Famous marks, Polish law, trade mark infringement,
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