Using the logo of another company on one’s own website – what steps should be taken not to commit infringement
The owner of a registered trademark acquires the exclusive right to use the sign in a commercial or professional manner in a particular territory. In the aforesaid context, the use means the following:
– Affixing the sign to the protected goods or their packaging, offering and placing these goods on the market, importing or exporting them, and storing them for the purpose of offering and placing them on the market, as well as offering or providing services under the mark;
– Placing the mark on documents related to the marketing of goods or related to the provision of services;
– Using it for advertising purposes.
A person, whose right of protection for a trademark has been infringed, may demand that the infringer desist from infringement, surrender the wrongfully obtained benefits, and in the case of a culpable infringement – also compensate for the damage caused on general terms, or by paying a sum of money in the amount corresponding to the license fee or other appropriate remuneration. The court, deciding on the infringement, may also decide to reveal to the public a part or the whole of its decision, or publish information about the decision. If the infringement is not culpable, the court may also order the infringer to pay an appropriate sum of money to the right holder. The court may also rule on the unlawfully designated goods being the property of the infringer, as well as the means and materials used to designate them, in particular the ruling may concern their withdrawal from the market, awarding the right holder a sum of money granted to his benefit, or destruction of the goods in question. As it can be seen, the catalog of claims available to the owner of a registered trademark is fairly wide.