The Danish Parliament, Folketinget, passed a new Danish Trademark Act (TMA) on 20 November 2018. The TMA implements the harmonisation of the relevant EU directive (Directive (EU) 2015/2436 of 16 December 2015). The new TMA will implement a number of changes, including: It becomes optional whether or not to have earlier rights cited during the…

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…

Several famous paintings – including ‘Mona Lisa’ by Leonardo da Vinci, ‘Liberty Leading the People’ by Eugène Delacroix, ‘Luncheon of the Boating Party’ by Auguste Renoir and significant Danish paintings – were accepted for registration in 2005 and 2014 by the Danish Patent and Trademark Office (DKPTO). Is it reasonable to obtain trademark registration of…

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…

The General Court (in Case T-1/17) was, as it found the sign (IR 5510921) (hereafter LA MAFIA SE SIENTA A LA MESA) (in English: ‘The mafia is seated at the table’) contrary to public policy within the meaning of Article 7(1)(f) EUTMR. The sign was applied for and registered for goods/services in Classes 25, 35,…

 For some time, the Danish Patent and Trademark Office (DKPTO) has taken the approach that when an opposition is based on the reputation associated with earlier EU rights, then those earlier EU rights need to be reputed also in Denmark to enjoy the enhanced protection provided by reputation in oppositions against national Danish trademark applications….

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…