Infringement of a trader's reputation through unauthorized usage of its individualizing marks

The article presents the ways that infringe trader's reputation in business transactions, which involve unauthorized usage of its individualizing marks. The first part presents the ways of infringement protection methods in relation to individualizing marks, which are protected by the laws of the register – ie. the company and trademark.

In the scope of trademark protection the article refers to the protection afforded by community law. Then, the protect of other symbols individualising the trader on the market, such as company name, symbols, emblems and another distinctive elements, was characterised.

There is also a comparison of the protection accruing to the trader on the basis of the Civil Code, Suppression of Unfair Competition, industrial property law act. I considered the possibility of their cumulative applying and situations in which its protection is possible on the basis of only one of the above acts.


Joanna Dominowska
State and Law, No. 7 (809), 2013