Court dismisses civil claim for damages in trademark infringement case due to lack of causal link between sale of fakes and victim's loss.
Legislator summary
AI generatedThe court dismissed the accessory plaintiff's claim for damages against the defendant for selling counterfeit cosmetics. Although the plaintiff alleged significant financial and reputational losses, the court found no causal link between the defendant's sale of fakes and the plaintiff's actual revenue loss or reputation damage. The court reasoned that customers buying counterfeits do not necessarily forego buying originals, and the plaintiff was not the producer or owner of the goods sold.
Legislator headnote
AI generatedArt. 305 ust. 1 Prawa własności przemysłowej; Art. 626 § 1 k.p.k.: The court established that a claim for damages in trademark infringement requires proof of a direct causal link between the infringing act and the specific loss suffered, which is absent when the victim is not the producer and the sale of fakes does not preclude the purchase of originals.