Polish Supreme Court Shifts Burden of Proof for Parallel Importers in Trademark Dispute
A luxury perfumery brand with a selective distribution network and a single exclusive distributor in Poland took on a major Polish online retailer, suing for trade mark infringement. The retailer had sourced the brand's products from Polish suppliers who contractually ensured law
WISECODE Take
The Polish Supreme Court's September 2026 ruling in Case II CNPP 3/25 indicates a shift in the burden of proof for parallel importers facing trademark claims. Many mistakenly believe that once a brand owner sues, the importer must always prove the lawful origin of the goods or face defeat. Originating from a perfume brand's dispute, the Court cited CJEU precedents like Van Doren to rule that brand owners' information asymmetry shifts the burden. Wisdom IP's trademark monitoring service helps brands proactively manage such risks during overseas expansion. This reduces the litigation burden for parallel importers, while domestic-only businesses remain unaffected. For multinational operators, it highlights the need for more precise legal measures when structuring overseas distribution. We suggest: first, importers should obtain marketability guarantees from suppliers; second, brands in Europe should avoid leaving products completely unmarked by target market to prevent evidentiary hurdles.
Original sources
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