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’…

The Supreme Court has ruled that the family having the last name of Ørsted must tolerate and co-exist with the commercial use of ØRSTED. The judgement states that the energy company has the right to register and use several trademarks, domains and company names including or consisting of ØRSTED. The Supreme Court confirms that 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…

Two sports companies, Sports Group Denmark A/S (“Sports Group”) and WaterNlife ApS (“WaterNlife”) conflicted over the use of ENDURANCE as a trademark for sports clothing. Sports Group had registered the device trademark However, the trademark was not used as registered. Mostly, Sports Group used the mark in a much simpler and minimalistic version that looked…

An efficient, reliable and cost-effective route for protecting trademarks globally through the Madrid Agreement or the Madrid Protocol will be beneficial for IP-right holders. For a period of five years from the date of the international registration, the protection resulting from the international registration remains dependent on the BASIC application or registration also known as…

In Denmark – as in the EU – it is possible to overcome an absolute ground for refusal based on non-distinctive character of the mark applied for if the applicant is able to provide proof that the mark applied for has acquired distinctive character through use prior to the application date, see Article 7(3) EUTMR…

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…

We need all the help we can get to fight counterfeit goods. Counterfeit goods are produced and distributed by organised criminal groups and this crime represents as much as 2.5 per cent of world trade, or USD 461 billion. For more information see Europol’s webpage here: https://www.europol.europa.eu/crime-areas-and-trends/crime-areas/intellectual-property-crime/counterfeiting-and-product-piracy. A Danish researcher and associate professor, Thomas Just…