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30.11.2015
In August 2015, Kompania Piwowarska SA’s main competitor, Żywiec SA Group, obtained an injunction based on the Act on Combating Unfair Competition, inter alia, by Kompania Piwowarska being banned from distributing flavoured beers in specific packaging (cans and multipacks).
DZP acted successfully for Kompania Piwowarska in the case. Our experts filed an appeal against a decision issued by the Regional Court and at the end of November the Court of Appeal upheld the appeal, changed the lower instance court’s decision and thus dismissed the application for an injunction in full.
The applicant had accused our client of misleading consumers as to the producer and of so-called parasitic copying, i.e. of deliberately making its product packaging similar to that of the applicant’s product in order to benefit from the positive associations established among consumers. In the appeal DZP’s lawyers raised both formal and merit-based allegations, with a key element being that Kompania Piwowarska’s business and the trademarks it uses were shown in historical terms. It was also important to expose the origins of the packaging that allegedly infringed the applicant’s rights.
We also made a general and detailed analysis of the packaging of the two products, the results of which did not confirm the applicant’s claims. Our case was that the injunction was extremely burdensome and would lead de facto to restrictions on competition for several years. We also demanded that a deposit of over PLN 22 million be paid by the opposing party to secure claims arising from the injunction.
The case was handled by a team of DZP lawyers headed by Paweł Lewandowski, Partner in the Dispute Resolution Practice. Other lawyers involved in the project were Dr Bartosz Karolczyk, Associate in the Dispute Resolution Practice, and Jarosław Konecko, Senior Associate in the IP&TMT Practice.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: iod@dzp.pl.
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