CYBERSQUATTING
Jaromir Piwowar is a legal adviser in the legal department of Patpol and a member of the Regional Council of Legal Advisers in Warsaw since 2006. He graduated from Warsaw University’s Faculty of Law and Administration (master of law, 2002) and has also completed postgraduate studies in intellectual property there. His practice includes the enforcement of IP rights in the field of civil and criminal law, including domain name disputes, protection against unfair competition practices and cases related to customs seizures of counterfeit goods at the border.
the rights holder has to perform additional research, usually on the Internet, in search of evidence of the subscriber’s bad faith. Oſten such a subscriber is active on various forums, blogs or in social media (Facebook, Twitter, Goldenline, etc). With some effort and skill such an individual is traceable and his or her Internet activity should be recorded and delivered to the court. Te main purpose of such actions—prior to undertaking legal steps—is to find evidence confirming the bad faith of the subscriber seeking to take advantage of the trademark owner who ‘overslept’ during registration of a domain name or lost the domain due to technical failures or mistakes.
We believe that some, however rare, instances of use of a trademark on the Internet may be classified as criminal offences and, following a careful review, may be prosecuted with the help of authorities such as the police and prosecutor’s office. n
Jaromir Piwowar is a legal advisor at Patpol. He can be contacted at:
jaromir.piwowar@patpol.com.pl
Bartek Kochlewski is an advocate at Patpol. He can be contacted at:
bartek.kochlewski@patpol.com.pl
Bartek Kochlewski is an advocate and head of the legal department of Patpol, and a graduate of Warsaw University, admitted to the Warsaw Bar in 1997. Since 2009 he has headed the IP enforcement team at Patpol. His practice includes the enforcement of IP rights, domain name disputes, protection against unfair competition practices and copyright litigation. He represents clients before the Polish courts, including the Supreme Court, in many IP and IT-related cases, and advises clients on criminal law aspects of IP enforcement. He has experience in counselling clients on contractual and licensing aspects of information technology and intellectual property. In addition, he contributes articles to IP magazines.
www.worldipreview.com
Trademarks Brands and the Internet Volume 1, Issue 1
51
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60