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Agnieszka Sztoldman (Osborne Clarke, University of Wrocław)
Polish Supreme Court clarifies: administrative filings are not trademark “use”
August 12, 2025

A recent ruling by the Polish Supreme Court on 30 January 2025 (case II CSKP 2109/22) clarifies important aspects of what constitutes “use” in the context of trademark infringement.In this case, the…

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Agnieszka Sztoldman (Osborne Clarke, University of Wrocław)
CJEU rules (again) on shifting burden of proof in Hewlett-Packard case
March 07, 2024

On 18 January 2024, in case C-367/21 (still no English version) the CJEU ruled again on the exhaustion of EU trade mark rights (following its five rulings of 17 November 2022 including C-175/21…

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Agnieszka Sztoldman (Osborne Clarke, University of Wrocław)
Audi vs. aftermarket - CJEU had the last say
January 26, 2024

On 25 January 2024 the CJEU issued the long-awaited judgement in the already famous AUDI case (C-334/22). This judgment confirms the possibility of Audi trade mark infringement in terms of the legal…

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Agnieszka Sztoldman (Osborne Clarke, University of Wrocław)
Court of Justice allows destroying genuine grey-market goods when rights aren't exhausted
October 21, 2022

On 13 October 2022 the Court of Justice (CJ) issued a preliminary ruling on corrective measures under the Enforcement Directive 2004/48. In this case (Case C-355/21), Procter & Gamble filed a…

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Agnieszka Sztoldman (Osborne Clarke, University of Wrocław)
A trade mark referral to the CJEU: spare parts, repair and consumers
September 02, 2022

The debate over the protection of the iconic "AUDI" logo in Poland is currently being renewed (see here). An injunction was sought by AUDI to stop another party from importing, offering, marketing,…

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Agnieszka Sztoldman (Osborne Clarke, University of Wrocław)
Request for information à la polonaise
June 06, 2022

Poland introduced specialized IP Courts on July 1, 2020, resulting in significant changes to preventive measures, including the conditions for requesting information regarding an infringement of an…

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Agnieszka Sztoldman (Osborne Clarke, University of Wrocław)
Landmark Polish Supreme Court ruling on EU trade mark: acquiescence vs national rules of limitation?
July 01, 2021

On 18 May 2021, the Polish Supreme Court issued a much awaited ruling to resolve doubts concerning the national limitation period of non-pecuniary claims in trademark matters. The resolution was…

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Agnieszka Sztoldman (Osborne Clarke, University of Wrocław)
The eye of the “Tiger” – the Polish boxer’s win
March 08, 2021

 On 2 March 2021 the Polish Supreme Court finally decided that the famous Polish boxer Dariusz Michalczewski had won his case against FoodCare sp. z o.o. for the "Tiger" trademark for popular…

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Agnieszka Sztoldman (Osborne Clarke, University of Wrocław)
Poland joins forces with WIPO to mediate trademark oppositions
November 04, 2019

The Patent Office of Poland (PPO) and the World Intellectual Property Organisation Arbitration and Mediations Centre (WIPO) collaborate to raise awareness of Alternative Dispute Resolution (ADR)…

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Agnieszka Sztoldman (Osborne Clarke, University of Wrocław)
No monopoly on blue and silver for Red Bull
August 13, 2019

On 29 July 2019, the European Court of Justice (CJEU) handed down a ruling that ended a six-year battle over the validity of trademark rights in the name of Red Bull to the combination of the colours…

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