Royal Copenhagen, the Danish porcelain company, claimed infringement by Porsgrund AS (hereafter Porsgrund) as it considered the Norwegian porcelain dinner service company’s dinner service sets called ‘MaxiStrå blå’ to constitute a violation of Royal Copenhagen’s rights to the porcelain dinner service sets called ‘Blue Fluted Mega’. Royal Copenhagen claimed infringement under the Danish Trademark Act,…

LEGO, JENSEN and UTZON have in-common that they all are trademarks and last names at the same time. A decade ago the reputed producer of construction toys for children LEGO tried to prohibit Louise Lego Andersen – painter and gallery owner – from e.g. signing her paintings as “L. Lego” (see ruling V 150/03). LEGO…

A recent decision of the Danish Trademark and Patent Office (hereafter DKPTO) shows the narrow scope of protection of company names under Danish law. It is possible to base an opposition before EUIPO on Article 8 (4) EUTMR which include 1) non-registered trademarks and 2) other signs used in the course of trade. Other signs…

As a follow up to the previous blog by Gorrissen Federspiel “Denmark: Trademark rights established through use” published 13 April 2016 we will now discuss for how long use of such a mark can be discontinued without the holder losing his right. From the 1958 report it is apparent that the trademark right established through…

In the EU there are jurisdictions (like Spain, France, Benelux) that do not recognise any unregistered trademarks beyond those that are notoriously known. There are others where the acquisition of unregistered trademark rights is possible but subject to use and recognition of the mark surpassing a certain qualitative threshold – with varying requirements. Then of…

In December 2015 the Danish Maritime and Commercial High Court granted a preliminary injunction against citations and the use of metatags in a remarkable case between Karnov (Thomson Publishing) and Schultz – two providers of online databases of Danish case law. The case is an example of how metatags used together with citations of case…

17 IP-Offices of the European Trademark and Design Network, including OHIM, have agreed on a Common Practise regarding the scope of protection of black and white (hereafter B&W) marks. See Common Practise CP4. This Common Practise is not applicable in e.g. Denmark, as Denmark, Sweden and Norway have opted out of the implementation of the…

The IP offices of the European Trade Mark and Design Network, including the Danish Patent and Trademark Office have agreed on a Common Practice in relation to when a figurative mark, containing purely descriptive/non-distinctive words, passes the absolute grounds examination because the figurative element renders sufficient distinctive character. In Denmark this new practice will be…