Poland: preliminary injunctions in trademark disputes

Poland
Available languages: PL

Litigants in trademark disputes can, as in other types of claim, seek a preliminary injunction ordering another party to refrain from action (here, the activities constituting the alleged trademark infringement) until the case is decided.

Parties should carefully assess the risks as well as the benefits of obtaining a preliminary injunction as they may incur financial liability for the consequences of the injunction if they end up losing the case.

However, one losing party in a recent case was found not liable to pay the other damages for loss caused by a preliminary injunction, as the Supreme Court decided that the winning party had not complied with the terms of the preliminary injunction (banning it from marketing magazines with certain signs).

When considering whether to grant a preliminary injunction, the court does not require proof of the claim; it simply looks at the likelihood of the claim succeeding in the full court proceedings.

Where the preliminary injunction is granted but the claim ultimately dismissed, the party seeking the injunction could not only be responsible for actual damage but also for lost profits. These must be proved and have a normal causal link to the injunction.

Lost profits could be significant where the injunction prohibited the marketing of certain goods bearing the trademark for a long period. Quantifying them would be a hypothetical exercise which would require evidence showing with sufficient probability that the damage actually occurred.

Law and jurisprudence:
Judgement of the Supreme Court, dated 25 February 2010 (file no. V CSK 293/09)
Judgement of the Court of Appeal in Szczecin, dated December 28, 2006 (file no. I ACz 1129-1106)
Judgement of the Supreme Court, dated 28 April 2004 (file no. 495/02 CK III