Primo July we published an article about the Advocate General’s opinion on the use of protected designations of origin (PDO) for export to third countries. Read the article here. With the recent judgment from European Court of Justice (ECJ) in case C-159/20, it is established that the opinion has been followed in its substance. The…

Yet another Feta case has reached the European Court of Justice (ECJ). This time the question is whether the Kingdom of Denmark is obliged to stop Danish cheese producers from using the protected designation of origin (PDO) Feta for cheese exported to third countries. Historically production and export of cheese under the name Feta existed…

On 4 March 2021, the Danish Maritime and Commercial High Court (the Court) issued a decision between Mads Heindorf Jewellery (Mads Heindorf) and the company Heindorf Diamonds. The dispute regarded the jeweler Mads Heindorf’s trademark for the word “Heindorf”, which was asserted infringed by Heindorf Diamonds’ use of the name “Heindorf Diamonds” in relation to…

On 5 November 2021, the Danish Maritime and Commercial High Court (the Court) issued a ruling between Kejser Sausage ApS (‘Kejser Sausage’) and Keyser KBH ApS among others (‘Keyser’). The case concerned Kejser Sausage’s gourmet hot dog stand in Copenhagen, which used the trademark ‘Kejser Sausage’. Elsewhere in Copenhagen, Keyser used the name ‘Keyser Social’…

On 14 July 2021 the General Court (The Court) issued a decision in a matter between Cole Haan LLC (Cole Haan) and the Danish clothing company Samsøe and Samsøe Holding A/S (Samsøe and Samsøe) in the case T-399/20. The Court found the trademark applied for by Cole Haan consisting of the letter ‘Ø’ from the…

Two years ago the Danish Maritime and Commercial Court (the Commercial Court) ruled in favor of the international flower distributing company Interflora in a case concerning a women’s magazines use of Interflora’s famous slogan SIG DET MED BLOMSTER (in English SAY IT WITH FLOWERS) (case no. BS9384/2017). The magazine had used the sentence in connection…

In February this year a dispute between the law firm FOCUS Advokater (“FOCUS Lawyers” in English) and the accounting firm Beierholm was decided by the Danish Maritime and Commercial High Court (BS-40894/2019 SHR). The case concerned the use of the name BEIERHOLM FOKUS which FOCUS Advokater found to be an infringement of their trademark rights…

In a recent ruling from 15 August 2019 (BS-6392/2019 SHR) the Danish Maritime and Commercial High Court found that the conditions for issuing a preliminary injunction against the clothing company Message A/S (Message) had not been fulfilled since the alleged infringement did not constitute a sufficient basis for issuing a preliminary injunction. According to the…

A trademark registration of a color per se is notoriously difficult to achieve, but what about the name of a color? In two recent decisions from the Danish Board of Appeal (BOA) regarding the registration of the words MAGENTA and CREAM respectively, the question regarding the descriptiveness of color designations was the main issue. In…

In the beginning of this year a decision regarding the trademark right to the name of the iconic Danish faience set with the thin blue line on the edges, was issued by the Danish Maritime and Commercial Court (Decision no. BS.9705/2017-SHR of 18 January 2019). Both the designer of the faience set as pictured here,…