Protection of Unregistered Distinctive Signs within Unfair Competition Law: the Polish Perspective

2020 ◽  
Vol 69 (1) ◽  
pp. 14-27
Author(s):  
Łukasz Żelechowski
Keyword(s):  
Competition Law ◽  
Legal Framework ◽  
Trade Mark ◽  
Unfair Competition ◽  
Geographical Indications ◽  
Eu Legislation ◽  
Unfair Competition Law ◽  
Trade Mark Law ◽  
Market Practices ◽  
Polish Law

Abstract The protection of unregistered distinctive signs is essentially non-standardised at the international and EU level. The purpose of this paper is to provide an overview of the legal framework relating to the protection of trade names, unregistered trade marks and geographical indications from the perspective of Polish law in which protection of unregistered distinctive signs is predominantly available based on unfair competition law. The analysis takes account of the respective EU legislation, notably the Unfair Market Practices Directive and its impact on combatting unfair competition caused by use of distinctive signs under Polish law, as well as interactions with the national and EU legislation in other areas such as trade mark law and the protection of registered designations of origin and geographical indications. Comparative remarks are occasionally included. The paper also examines the issue of the nature of civil law protection of unregistered distinctive signs under Polish unfair competition law, which is the subject of divergent views among Polish scholars. With regard to the perplexing question of whether provisions of unfair competition law could constitute a basis for distinguishing exclusive rights to unregistered distinctive signs or whether they provide ‘merely’ tortious protection that does not presuppose the existence and infringement of such rights, this paper puts forward arguments in support of the latter qualification.

scholarly journals Protecting Trade Mark Proprietors Against Unfair Competition in EU Trade Mark Law

2021 ◽  
Vol 30 ◽  
pp. 152-163
Author(s):  
Gea Lepik
Keyword(s):  
Competition Law ◽  
Trade Mark ◽  
Third Parties ◽  
Unfair Competition ◽  
Eu Law ◽  
Trade Marks ◽  
Unfair Competition Law ◽  
Trade Mark Law ◽  
Eu Trade Mark Law ◽  
The Eu

With aims of protecting trade mark proprietors against commercial practices of third parties that could hinder the use of the trade mark in informing and attracting customers, negatively influence its selling power, or exploit its attractive force, the EU legislator and the Court of Justice of the EU (CJEU) have broadened the protection afforded under trade mark law to cover such acts. At the same time, the CJEU has sought appropriate balance between the exclusive rights of trade mark proprietors and the interests of third parties, in allowing those practices that can be deemed acceptable as part of fair competition. The author argues that, in consequence, EU trade mark law is becoming ever more an EU law of unfair competition with regard to practices that involve the use of trade marks. The article represents an attempt to explain these developments by looking at specific policy choices and decisions of the CJEU on the protection of trade marks, alongside the wider context of EU law dealing with unfair competition. A key conclusion is that, in light of the lack of harmonisation of unfair competition law in the EU (at least pertaining to practices that affect businesses), the widening of the scope of protection under trade mark law helps to ensure the necessary degree of harmonisation while avoiding a parallel system of protection. When compared to pre-existing EU instruments of unfair competition law that prohibit certain uses of trade marks, this approach provides trade mark proprietors with a more efficient mechanism for enforcing their rights. In the course of elucidating this finding, the article gives the reader an understanding of how EU law addresses the protection of the commercial value of trade marks.

Influencer Marketing

2021 ◽  
Author(s):  
Felix Maatz
Keyword(s):  
Competition Law ◽  
Regulatory Framework ◽  
Unfair Competition ◽  
Unfair Competition Law ◽  
Modern Form

Influencers are omnipresent in various appearances in today's media landscape. Nevertheless, there is a lack of uniform handling of media and unfair competition law standards. In fact, divergences in decisions by regional and higher regional courts have led to uncertainties in answering the question of whether and how publications by influencers must comply with any advertising labelling obligations. The author takes this as an opportunity to clarify the key problem areas and, at the same time, to determine whether the existing legal regulatory framework is sufficient and capable of producing appropriate and interest-oriented results for a modern form of advertising such as influencer marketing.

Das Verhältnis zwischen Marken- und Lauterkeitsrecht beim Schutz von Unternehmenskennzeichen

2021 ◽  
Author(s):  
Yaotian Chai
Keyword(s):  
Comparative Study ◽  
Hard Rock ◽  
Competition Law ◽  
Federal Court ◽  
Unfair Competition ◽  
Application Domain ◽  
Trademark Law ◽  
Court Of Justice ◽  
Unfair Competition Law ◽  
Federal Court Of Justice

Company signs can be protected by trademark law and unfair competition law. However, can the two legal instruments be applied cumulatively? If the results obtained under the two laws conflict with each other, how can the conflict be resolved? The German Federal Court of Justice has confirmed the principle of cumulative application in the Hard-Rock-Café judgement in 2013. However, in this case, the result under unfair competition law was aligned with that under trademark law. This approach seems doubtful. This comparative study seeks to delimit the application domain of unfair competition law besides trademark law by protection of company signs and to find the appropriate approach by contradictory results.

Sign in / Sign up

Export Citation Format

Share Document