Commentary by Dr. Michał Markiewicz for Prawo.pl: A Lego meme does not have to be a violation

The Prawo.pl portal published an article by Tomasz Ciechoński, concerning the high-profile case of using Lego packaging with the image of Roman Giertych, for which Dr. Michał Markiewicz provided a short commentary.

Quoting the author: “This case is interesting in that it touches on the issue of limitations on intellectual property rights (fair use), which are not regulated identically for individual rights. In the case at hand, the right to parody can be invoked under copyright law, but there is no direct equivalent in the case of renowned trademarks. Advocate General Prof. Maciej Szpunar’s opinion in the Ikea case suggests that the Court may be moving towards prohibiting the use of trademarks in political campaigns without the rightholder’s consent, except in situations where, as the Advocate General points out, “the statement (…) involves the use of a sign in the context of political discourse and political debate, concerns the trademark, the owner, or its goods or services, or the owner itself, through their prior conduct, has engaged in the said debate, which was in the general interest.” However, in the Lego case, we are dealing with journalistic activity, and this circumstance may influence the interpretation of the “due cause” requirement, balancing the right to a trademark with fundamental rights, including freedom of expression.”