Recent Polish trademark cases concerning the status of domain names have been solved in favour of brand owners, as Marta Skrobot explains.
Under Polish legislation, a trademark is any sign that is capable of being represented graphically and can distinguish the goods or services of one undertaking from those of others.
Pursuant to Article 154 of the Law on Industrial Property, the use of a registered trademark in particular consists of affixing the trademark to the goods covered by the right of protection or their packaging, offering and putting the goods on the market, importing or exporting them, or storage for the purpose of offering and putting them on the market, as well as offering or providing services under that trademark, or using the trademark on business documents handled in putting the goods on the market or in rendering services, and using the mark in advertising.
Additionally, in accordance with a judgment of the Conciliation Court of November 18, 2005, in a case concerning the domain names ‘manpower. pl’ and ‘manpower.com.pl’, placing a trademark within a domain name will also be considered genuine use, and it is irrelevant whether there is an actively operated website under a given name.
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Domain names, trademarks, Poland, Court of Conciliation for Internet Domain Names, well-known marks