Poland: a wooden pail can be reputed trade mark
The Polish newspaper Gazet.pl reports that the Hochland company sued a Polish dairy cooperative, which used the image of a wooden bucket, from which a stream of milk is poured. Hochland demanded the removal of this picture from the logo used by the agricultural cooperative, because it infringed the trademark of Almette cheese packaging. The court of first and second instance dismissed the suit and ruled that the wooden bucket is not reputable trade mark. The Court noted that the OHIM refused to register such a sign.
The Polish Supreme Court in its judgment case file IV CSK 393/10 ruled that the traditional wooden pail, in which the company sells its cheese, is a reputable trade mark and it is entitled to even greater protection than an ordinary trade mark. This means that no one else can use it in business. The Court pointed also the national trade mark system is characterized by autonomy in relation to the EU system.
