Industrial property, including trademarks

• The LSW areas of expertise include almost all aspects of intellectual and industrial property protection, with a particular emphasis on the protection of trademarks (including famous and well-known trademarks), industrial designs and utility models
• We advise clients on successful and effective commercialisation of intangible assets
• We represent clients in disputes related to exclusive rights before the Patent Office, as well as common and administrative courts and law enforcement and customs authorities
• We regularly cooperate with patent attorneys in various fields of science and technology
• Our lawyers are lecturers at the Hugo Grotius Intellectual Property Law Centre and speakers at conferences dedicated to intellectual and industrial property
• Maciej Kubiak is a co-author of the Commentary to Industrial Property Law published by C.H.Beck

Protection of the name and identifying marks of an association

We represented an American association, with more than 1.5 million members around the world, in matters related to violation of trademarks, rights to the name and identifying marks. In line with the client’s expectations, the dispute was resolved at the stage of pre-trial proceedings.

Industrial design protection

We represented an inventor of the design of an ultrasound device enclosure against a company that used the work without regulating the copyright issues with the creator. The case involved issues of the copyright protection limitations in terms of industrial designs and the principles for drafting licensing agreements. A cassation complaint was filed to the Supreme Court, which upheld the claims we raised in their entirety. The client received an appropriate compensation for a culpable and unlawful use by the defendant of the industrial design in its business operations.

Visual identification of group companies

We developed a licensing agreement for the use of trademarks within the capital group of one of the largest companies in the energy sector in Poland. The aim was to use – as part of a group – a uniform and harmonised visual identification with regard to trademarks.

Trademark infringement in the name of a company

Thanks to our lawyers’ effective actions, we managed to change the name of our client’s competitor and delete a word element constituting a protected trademark.

Trademark registration

LSW prepares complete application documentation necessary for the registration of our clients’ trademarks, both in the Polish Patent Office, as well as the EU’s Office for Harmonisation in the Internal Market (OHIM) in Alicante. We annually register dozens of trademarks for our clients.

Cybersquatting

We represented a client in relation to the protection of a trademark which was unlawfully used in the Internet domain. Our efforts led to the effective blocking of the web page at the stage of pre-trial proceedings.

Motion trademarks

We drafted a legal opinion on the possibility of filing an application for an effective registration of a motion trademark in the form of an animated film. This necessitated the analysis of the practice of patent offices in this regard and identification of potential legal risks with respect to such a non-conventional form of trademark.

Industrial design protection

We represented an inventor of the design of an ultrasound device enclosure against a company that used the work without regulating the copyright issues with the creator. The case involved issues of the copyright protection limitations in terms of industrial designs and the principles for drafting licensing agreements. A cassation complaint was filed to the Supreme Court, which upheld the claims we raised in their entirety. The client received an appropriate compensation for a culpable and unlawful use by the defendant of the industrial design in its business operations.

Copyright © 2012-2019 Leśnodorski Ślusarek i Wspólnicy All Rights Reserved