Trade Marks with a Reputation in Polish Law – an Opinion on the Polish Supreme Court Case OMEGA

Abstract

Abstract Wider protection of reputable trade marks is the result of many efforts undertaken by their owners, including those related to large financial outlays. In Poland, trade marks with a reputation are those which are for the most part associated with the positive reception of such a sign. This aspect is due to the meaning of the Polish word ‘renoma’ (reputation), which means a very good opinion about someone or something. The protection of such signs also extends to the protection guaranteed by the Act on Combating Unfair Competition1 (hereinafter ACUC). This paper discusses the ruling of the Polish Supreme Court regarding the protection of the OMEGA trade mark.2 In this ruling the Supreme Court annulled the judgement of Court of Appeal in the OMEGA case. These considerations should be divided into two parts. The first will include a discussion on the scope of a way to compare trade marks and internet domains proposed by the Court of Appeal and confirmed in most doctrines. In the second part, it will be necessary to refer to the guidelines which the Supreme Court pointed out in its justification of the judgment, covering the comparison of trade marks under the ACUC. In this respect, views of doctrine and jurisprudence will be presented. This paper also proposes a possible position which might be taken by the Court of Appeal when re-examining the OMEGA case after the annulment.