The Supreme Court has dismissed a demand made by BP (case IV CSKP 67/21) in a case that has lasted twelve years. In the case, the plaintiff demanded cessation of parasitic exploitation of reputation and marks in the form of use of the color olive green at petrol stations owned by a Polish company. The plaintiff based the demand on the Industrial Property Law and the Act on Combatting Unfair Competition. In the statement of reasons for the judgment, the Supreme Court considered the difference between the shades used, and the different logos used, and stated that the applicable criterion was that of a reasonable customer – in this case a driver, who is not moving at high speed when approaching a petrol station, and therefore differentiates between colors.
21 Oct 2021