Sales of samples and testers infringes trademark rights
A trademark holder may prohibit sale of brand samples and testers if the holder reserves title to the items and expressly indicates that they are not for sale, the European Court of Justice held on 3 June 2010.
Beware: not every infringement of a renowned brand is actionable
The court may refuse to find unfair competition even if the grounds are met, if the facts in the case show that the holder of a renowned trademark did not take action against infringements for an extended time.
Not every use of a trademark is sufficient to maintain registration rights
Placing a trademark on items given free-of-charge to customers does not constitute “genuine use” of a trademark required to maintain the registration.
Tiffany to shoemaker: don't tread on me
A renowned trademark may be protected in Poland even if the mark is not used or registered here.
