At the beginning of July, the court ruled that Bogusław Tyrcz must cease all violations related to the operation of Vena ceramics for the duration of the proceedings. Bogusław Tyrcz may not place banners on the Vena building, damage the stairs, or prevent Vena employees and customers from reaching the building.
In connection with the court ruling, the Ceramic Brotherhood and Bogusław Tyrcz issued statements. We present all the documents in full.
Statement by the Ceramic Brotherhood
Ladies and Gentlemen,
On behalf of the Bolesławiec Ceramic Brotherhood, and in defense of the national heritage that Bolesławiec Ceramics undoubtedly represents, we express our opposition to the unfair commercial practices of Vena, a company from Brzeg (near Opole). The company uses symbols of the city of Bolesławiec, the names “Bolesławiec ceramics” and “Bolesławiec ceramicware,” and, under the guise of the name “Bolesławianka,” sells its products, knowingly misleading our customers. According to the statutes of the Ceramic Brotherhood, the origin of Bolesławiec ceramicware is confirmed by the region’s boundaries, namely Bolesławiec County.
The production of ceramic products is permitted for every entity, but the name is protected by the Patent Office. Exploiting this good name undermines the pottery traditions of our community, which is why we will take appropriate legal and informational steps.
Yours sincerely
Bolesławiec Ceramic Brotherhood
Statement by Ceramika Tyrcz
In connection with the information recently appearing about actions taken at the Ceramics Center in Bolesławiec, I wish to clarify the following.
Ceramika “VENA” Sp. z o.o., based in Brzeg, filed a motion with the Court seeking an order to restore the lawful state by removing the banner placed on the front wall of the building.
On 3 July 2020, solely on the basis of statements by representatives of Ceramika Artystyczna “VENA” Sp. z o.o., the Court issued an order prohibiting the placement of banners or similar forms of advertising, announcements and other messages on the front wall of the building. I received the order, together with a copy of the motion filed with the Court, on 23 July 2020. By serving the order and copies of the documents filed with the Court, the Court only then required me to present my position in the case within the specified deadline.
For the reasons stated above, the actions of Ceramika “VENA” Sp. z o.o. in removing the informational banner should be deemed unjustified. In the order issued, the Court did not order me to remove the existing banner, nor did it authorize representatives of Ceramika “VENA” to do so. The proceedings in this respect have only just begun, and the deadline for presenting my position in the case has not yet passed; moreover, the Court’s order is not yet final.
My actions are intended solely to protect the national heritage that Bolesławiec Ceramics undoubtedly represents. They are also an objection to unfair commercial practices by companies based outside Bolesławiec County, consisting in the unauthorized use, in advertising their products, of the symbols of the city of Bolesławiec and the names Bolesławiec Ceramics or Bolesławiec ceramicware.
My actions have the support of the Ceramic Brotherhood, ceramic companies from Bolesławiec County and the local community, which, thanks to the development of ceramic companies in Bolesławiec County, can preserve its jobs.
Court order
The District Court, Division I Civil, in Bolesławiec [...] in a closed session in the case brought by Ceramika Artystyczna “VENA” Spółka z ograniczoną odpowiedzialnością, based in Brzeg, against Bogusław Tyrcz for restoration of the lawful state and cessation of violations, following the claimant’s motion for security, rules to secure the claimant’s claim for restoration of the lawful state and cessation of violations for the duration of the court proceedings by:
- prohibiting the defendant, Bogusław Tyrcz, from placing banners or similar forms of advertising, announcements and other messages on the front wall of the building owned by the claimant, located in Bolesławiec at 24B Kościuszki Street, on plot no. 179/10, [...] and prohibiting the defendant from taking any action leading to damage to elements of the building belonging to the claimant, including the entrance stairs located on the front wall of the building in question, as well as any action restricting, hindering or preventing the claimant from accessing the above-mentioned building
- prohibiting the defendant, Bogusław Tyrcz, from placing on plot no. 179/11, located in Bolesławiec at Kościuszki Street [...] including by the entrance stairs to the building owned by the claimant, located on plot no. 179/10, barriers and posts preventing or restricting the claimant from exercising the easement entitling it, for the purpose of ensuring access to a public road, to pass and drive across plot no. 179/11.
Sławomir Bednarczyk, president of the Management Board of Ceramika Artystyczna VENA, added:
In connection with the order received, we will immediately, while exercising particular caution, remove the banner hung by Mr. Tyrcz on our wall and move the posts that Mr. Tyrcz placed directly by the stairs leading to our shop.
These items will be left at Mr. Tyrcz’s disposal.
We hope that Mr. Tyrcz will now refrain from further actions aimed at defaming our company and preventing our customers from accessing our company shop.
What do you think?
Update 2020-07-27 14:42
Statement by the president of Vena
We inform you that the Court’s order securing the claim is immediately enforceable. It does not have to become final, contrary to the opinion of Mr. Tyrcz’s lawyer.
Contrary to the court order, Mr. Tyrcz has once again hung a banner by our shop.
The statement by the Ceramic Brotherhood contains false information. We do not use the name “Bolesławiec ceramics” or “Bolesławiec ceramicware.”
The name “Bolesławianka” belongs to Ceramika Artystyczna Vena Sp. z o.o. and is protected by the Patent Office. When registering the word-and-figurative trademark, the Office found no irregularities.
No customer, whether wholesale or retail, is being misled. In all informational and marketing materials, we provide the company’s full name and registered-office address.
We do not infringe or use any third-party mark protected by the Patent Office.
The best reviewer for a producer is satisfied customers who purchase its products.
It is regrettable that, instead of choosing to care about the best possible quality of ceramics and the best possible customer service, the Brotherhood endorses actions against the competition involving the destruction of its property and reputation.