In a recent decision from 1 October 2018 (B-2740-17) the Danish Eastern High Court affirmed a decision of the Danish Commercial Court from December 2017 (V-8-17) in which the court had ruled that a café in Copenhagen had infringed the trademark rights and copyrights to the character Obelix which rightfully belongs to Les Editions Albert…

On the 21 March 2018 the Danish Board of Appeal (“The Board”) delivered its decision regarding the trademark protection of the shape of the following potato snack (decision no. AN 2017 00006): The snack originates from the famous snack brand Kims which is owned by Orkla Confectionary & Snack Danmark A/S (“Orkla”). In the decision…

Already, back in 1983 the Danish Government decided to create a national debit card named ‘DanKort’. Today the DanKort is usually combined with a Visa card and functions as a credit card abroad. The right to issue DanKort currently belongs to Nets Denmark A/S (‘Nets’), and the DanKort-logo is protected as a trademark and looks…

In a previous post we explored the potential disadvantages of failing to utilise the registered community design (“RCD”) in a Danish context. By contrast, this post will examine the possibilities of enforcement when a product is not protected as a RCD but as an unregistered community design (“UCD”). Further, this post will demonstrate how the…

This is the final part of the two-part blog on estoppel which will focus on relevant case law where estoppel is essential to the result of the case. You can read the first part of the blog which deals with the theory of estoppel here. As is evident from the case law below, the establishment…

Increasingly, it seems that complex trademark cases are not always decided on the basis of trademark law and EUTMR alone but also on the basis of general legal principles, such as estoppel (in Danish “passivitet”), and much less often acquiescence. We have written two blogs on the subject seen from a Danish perspective. This first…

The Swedish company producing high quality beds Hästens Sängar AB (hereafter “Hästens”) has in several jurisdictions (DK, EU, US, SE, NO, CH, FI, ES etc.) applied for the mark (hereafter “the figurative mark”) or variations thereof. Recently, in T-359/12 (C-363/15) Louis Vuitton Malletier’s mark         was refused by the Court. For this reason it was evident…

In our latest post  we explored the numerous benefits of the registered design under Danish law. By contrast, this post will cover the possibilities of enforcement with regard to products not protected as neither a registered nor an unregistered community design. Although the registered community design includes substantial advantages, the proprietor of an unprotected design…

This blog will explore potential disadvantages of failing to utilise the registered community design (hereafter RCD) in a Danish context with a particular emphasis on cheap imitations of luxury consumer goods.  The point of reference will be a November 2016 case from the Danish Maritime and Commercial High Court (the “Court”) concerning rubber boots made…

In Copenhagen around one third of the workforce bike to work. That amounts to more than one million kilometers being pedaled every day. Next to the Dutch the Danes are the population in Europe that bike the most. For this reason it is only natural that conflicts should arise in Denmark between owners of trademarks…