For several dozen years, the company X has been producing chocolate Christmas tree baubles. The articles have a good reputation in the market of chocolate products and are the most recognizable product of the company. Just before the Christmas period, the company Y launched also chocolate baubles which have the same size, form, packaging and have decorative elements characteristic of the X product. The only difference is the logo Y placed on Y products.
The answer is given by:
Pursuant to article 13 section 1 of the Act on combating unfair competition, an act of unfair competition is imitation of a ready-made product consisting in copying the outward appearance of such product by technical means of reproduction if it may mislead customers as to identity of the producer or the product.
The company X is entitled to the following remedies:
– civil law claims against the company Y: stopping unlawful acts and curing the effects of unlawful acts (for this purpose forbidding Y to offer, market or store the chocolate product, forbidding Y to use or place chocolate baubles in business documents or advertisements, withdrawing chocolate baubles already marketed by Y, destroying packaging, packaging designs and matrices, patterns and other devices directly intended for the production of bauble packaging); repairing the damage caused, in line with general principles, adjudging a suitable amount of money for a specified public purpose related to supporting the Polish culture or protection of the national heritage – if the act of unfair competition was culpable;
– notification to the competent prosecutor’s office of a crime committed under article 24 of the Act on unfair competition (he who using technical means of reproduction copies the outward appearance of a product or markets the product so copied creates the possibility of customers being misled as to identity of the producer or the product causing substantial damage to the entrepreneur, shall be subject to a fine, restriction of freedom or imprisonment up to 2 years).