General provisions of the Civil Code and claims of a company whose logo or business name has been violated – analysis

Publication date: January 14, 2025

When considering infringement of a company’s logo or name in light of the provisions of the Civil Code^[1], it is necessary to analyze in detail the claims to which the company is entitled and the legal grounds on which they can be based. The company’s logo and name are elements of the designation that individualizes the entrepreneur on the market, which is reflected in the provisions on the protection of personal rights and the right to a company.

1. Protection of entrepreneur’s personal rights

Article 43 of the Civil Code states that the provisions on the protection of personal rights of natural persons shall apply accordingly to legal persons. In the case of enterprises, personal rights include elements allowing for the identification of the entrepreneur, including the company name and logo as part of the company designation.

In turn, Article 24 § 1 provides for the possibility of protection in the event of a threat or infringement of personal rights. If the infringement of the company’s logo or name is an illegal act, the entrepreneur may:

• demand that the infringing activity be discontinued (e.g., ceasing to use a designation similar to the company logo or name);
• demand the removal of the consequences of the infringement, which may include, for example, a public apology, the removal of the infringing content or cessation of its publication;
• seek monetary compensation if the infringement has caused negative non-pecuniary consequences (e.g. loss of reputation);
• demand payment of an appropriate sum for a social purpose if the nature of the violation so justifies;
• demand compensation if the infringement resulted in property damage.

Infringement of the logo or name may also lead to image damage, which strengthens the possibility of seeking compensation for damage to reputation.

2. Protection of the right to a company

The company, as a designation of the entrepreneur, is subject to special protection under Article 43¹⁰ of the Civil Code. According to this provision, the entrepreneur whose right to the company has been threatened or violated has the right to demand:

• refraining from activities that infringe upon the right to the company (e.g. using a similar name by a competing company);
• remediation of the infringement, which may include actions such as the infringer changing its name, withdrawing the infringing products from the company, issuing an apology or removing the logo from promotional materials;
• compensation for pecuniary damage, which may include both actual losses and lost profits (Article 43¹⁰ in connection with Article 361 §2);
• handing over the benefits obtained by the infringer, which means that the entrepreneur may demand the handover of the profits that the infringer has obtained as a result of using the infringing mark.

Art. 43³ § 1 additionally indicates that the company name of the entrepreneur should be sufficiently different from the companies of other entrepreneurs operating on the same market. If the company logo or name does not meet this requirement or is misleading (Art. 43³ § 2), it is possible to seek liability from the entrepreneur violating these provisions.

3. General principles of civil liability

Actions related to the infringement of the logo or name may constitute a civil law tort, the liability for which is regulated by Article 415 of the Civil Code. According to this provision, whoever through his fault caused damage to another is obliged to repair it. In the case of infringement of the logo or name, the entrepreneur must prove:

• illegal activity (e.g. using a logo without the owner’s consent or misappropriating a name in order to mislead customers);
• damage (e.g. reduction in the number of customers, loss of revenue);
• a causal link between the action of the infringer and the damage caused.

In addition, Articles 23 and 24 of the Civil Code introduce the possibility of protecting personal rights, even if the infringement results from the lack of direct intent. Therefore, infringement of rights such as reputation, visual identification or goodwill is also subject to claims.

4. Possibility of filing a claim for security

In a situation where the entrepreneur considers that further actions of the infringer may cause serious damage, it is possible to apply to the court for securing claims in civil proceedings. The entrepreneur may request:

• a temporary ban on the use of the disputed logo or name;
• remove promotional materials that infringe upon the company’s rights;
• suspend the sale of products bearing the infringing marking.

5. Proving the violation

Under Article 6 of the Civil Code, the burden of proof lies with the party that derives legal consequences from its allegations. Therefore, the entrepreneur must prove:

• the right to a logo or name (e.g. trademark registration, evidence of the name being established in the minds of customers);
• the fact of infringement (e.g. evidence of use of the disputed logo by the infringer);
• damage resulting from the breach (e.g. data on decreased revenue or loss of customers).

Summary

The Civil Code provides entrepreneurs with broad protection in the event of infringement of their personal rights, including logos and names, both through provisions on personal rights (Article 24) and the right to a company name (Article 43¹⁰). The possibility of pursuing claims includes prohibition of further infringement, removal of effects, redress of damages and issuance of obtained benefits. When preparing a lawsuit, the entrepreneur should document in detail the infringement and the damages incurred, referring to the general provisions on civil liability and the principles of protection of personal rights and the right to a company name.

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^[1]The Act of 23 April 1964 – the Civil Code (consolidated text: Journal of Laws of 2024, item 1061, as amended).