Studnicki Pleszka Cwiakalski Gorski has successfully represented Termo Organika, a Krakow-based manufacturer of polystyrene foams and insulation systems, in a trademark dispute with Austrotherm, a Polish competitor.
Termo Organika claimed that Austrotherm's practice of labeling its polystyrene plasters with gray or black dots infringed upon Termo Organika’s trademarks. According to SPCG, "Termo Organika labels in such way most of the polystyrene foam that it produces that are recognized in the market as 'dotted foam' or ‘Dalmatian.’"
In a judgment of January 30, 2014 the Regional Court in Krakow, IX Commercial Division, found that Austrotherm’s packaging violated Termo Organika’s trademark, ordered Austrotherm to cease what SPCG calls its "incriminating activities”, and to make "appropriate statements in the press." Austrotherm’s appeal was dismissed by the Court of Appeals on August 12, 2014.
Termo Organika was represented by SPCG Partners Jakub Gorski and Marcin Koper.
