Safeguarding Brand Identity: How Legal Action Addressed Trademark Infringement and Fair Competition Challenges in Commercial Ventures.
Our Client is a limited liability company which is engaged in the operation of commercial premises in the Wielkopolska and Lubuskie voivodships. Due to the scope of its business, the Client’s brand has become broadly recognisable and popular among recipients of such services. Our Client has registered a word trademark with the Polish Patent Office, which serves as a designation of his company and is also displayed on his business premises. The Client operates the premises himself and also provides his know-how and corporate identity under a franchise agreement. After the termination of one such agreement, the former franchisee continued to operate the premises under the same designation.
The case had to be considered from two aspects: first, whether the parties had provided for such a situation in the franchise agreement, and second, what if they had not. In the present case, the latter was the case. Therefore, trademark infringement and infringement of fair competition should have been considered separately.
What we did
Recognising that our Client’s rights had been infringed, we issued a demand on behalf of our Client to cease and desist from infringements of trademark protection and fair competition, together with a demand to remedy the effects of such infringements and to pay damages corresponding to the monthly amount paid to date under the franchise agreement.
After receiving the summons, the infringer contacted our Client in an attempt to reach an agreement, as a result of which he complied with our demands set out in the summons and ceased further infringements by changing the signage of his premises.