An article by Tomasz Ciechoński appeared on the prawo.pl portal concerning the high-profile case of the use of Lego packaging bearing the image of Roman Giertych, to which I provided a brief comment. The case is interesting in that it touches on the issue of intellectual property rights restrictions (fair use), which are not regulated in the same way for all rights. In the case in question, copyright law allows for the right to parody, but there is no direct equivalent for well-known trademarks. The opinion of Advocate General Prof. Maciej Szpunar in the Ikea case suggests that the Court may move towards prohibiting the use of trademarks in political campaigns without the consent of the right holder, except in situations where, as the Advocate General points out: “the statement (…) is related to the use of the sign in the context of political discourse and political debate, concerns the trademark, the owner or his goods or services, or that the owner himself, through his previous conduct, has engaged in the debate in question, which is in the general interest.” In the Lego case, however, we are dealing with journalistic activity, and this circumstance may influence the interpretation of the “legitimate reason” criterion, balancing the right to a trademark with fundamental rights, including freedom of expression. Link to the article: https://www.prawo.pl/biznes/pozew-za-fikcyjny-zestaw-klockow-lego-i-wlasnosc-intelektualna,536646.html
