In This Issue:

- Legislation

- Poland – A trademark as a source of information for consumers: the Consumer Rights Act of 30 May 2014

- Poland – Draft amendment to the Industrial Property Law

- Case-Law

- EU – Continuation of the dispute between “SUPERGLUE” and “SUPER GLUE”: decision of the European Court of Justice

- EU – A trademark cannot extend the protection rights that would have expired without registration of the mark: ruling of the European Court of Justice

- EU – How much attention does the average consumer of ice cream pay to packaging?: ruling of the European General Court

- EU – First analysis of usage, only then analysis of likelihood of confusion: ruling of the European General Court regarding “K-W SURGICAL INSTRUMENTS” and “KA-WE” trademarks

- EU – Impact of the expiration of a trademark constituting the basis of a dispute in proceedings before the European General Court: ruling of the European General Court

- EU – Absence of distinctiveness in the shape of a clamp an obstacle to registration as a three-dimensional trademark: ruling of the European General Court

- Poland – Constitutional Tribunal on shelf fees

- Poland – Further rulings in favour of suppliers: refund of charges other than margin for accepting goods for sale: rulings of the Supreme Court and the Circuit Court in Warsaw

- Poland – Must the Polish Patent Office grant an additional time period for submitting an expert opinion?: ruling of the Supreme Court of Administration

- Poland – Danone Fantasia yoghurt packaging does not act as a trademark: ruling of the Provincial Administrative Court in Warsaw

- Poland – The similarity of the marks CLIRO and CLIO considered by the Provincial Administrative Court in Warsaw

- Poland – The similarity of marks is a factual, not a legal issue: ruling of the Provincial Administrative Court in Warsaw in the case of the marks “JURAPARK” vs. “JURASSIC PARK” and “JURASSIC PARK DINO ATTACK”

- Poland – A refusal to disclose public information on the basis of business secrecy must be justified: ruling of the Provincial Administrative Court in Gliwice

- Poland – Onerous marketing involving sending text messages and telephoning to subscribers of a competitor: decision of the Circuit Court in Warsaw

- Other issues

- Poland – When a competitor poaches employees

- EU – Trademarks on the web – new proposals by the IPO to combat Internet piracy

- EU – Many polo players in the clothing industry

- Australia – New Fashion Brand? Key Considerations Before Launch

- Excerpt from Introduction:

I am pleased to present another issue of our bulletin on trademarks and unfair competition, in which we describe issues related to new legislative initiatives and recent case law in both European and Polish courts.