Actions which impinge upon the monopoly granted by an Intellectual Property right are considered infringements.
The UK Supreme Court has recently published its decision on a question about whether the sale of so-called ‘grey goods’ can give rise to criminal liability. We covered the previous Court of Appeal decision here. The Supreme Court has now confirmed the Court of Appeal’s previous decision – the sale of grey goods can give rise…
In a case earlier this spring, the Swedish Patent and Market Court dismissed an infringement action based on the reputed mark SOFIERO in relation to beers against SOFIERO KAFFEROSTERI used for coffee. The court concluded that coffee beans and ground coffee are dissimilar to beer and that the relevant consumer is not likely to find…
Germany is a key venue for international trade fairs. So it is no surprise that trade fairs are tempting targets for counterfeiters and infringers. Right owners must rely on quick and effective relief if they want to avoid an impairment of their rights. However, they should be aware of the peculiarities of German law in…
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…
To what extend can a business claim reputed trademark as a basis for infringement proceedings or for raising objections against another business’ trademark registration in Denmark? A recent judgement of the Danish Maritime and Commercial High Court (the Court) between ECCO and EKKOfonden has given some further guidance on this matter, indicating that even in…
Two months ago I reported about the Draft of a new Trademark Act (Markenrechtsmodernisierungsgesetz) which was supposed to enter into force before the election for the next German Bundestag. Some of the relevant German associations commented in detail on the draft and proposed some well-grounded changes – i.e. the Markenverband, the GRUR, and the Bundesverband Deutscher…
3-D Mark litigation is like life itself – you never know what you’re going to get. And for that reason, it’s all the more enjoyable when a 3-D registration prevails over a knock-off. A notorious trader of perfume imitations was marketing the following perfume bottle – apparently feeling safe about the plaintiff’s product shape, registered…
In a recent case, the Swedish Supreme Court clarified the calculation of damages awarded to a defendant based on a claim of loss of profit due to a preliminary injunction in an unsuccessful infringement case. The court held that the claimant has a strict liability for such damages and that the defendant does not have…
The recent Intellectual Property Enterprise Court (IPEC) decision of Azumi v Zuma’s Choice Pet Products & Ors touches upon a Smörgåsbord of issues, including a discussion around the size of Azumi’s market share, the interplay of pet food and restaurants, the joint liability of a director, a dog claiming an own name defence, legal threats…
In the affordable luxury segment one finds the highest growth rate within the Class 14-goods at the moment. As a result we see a lot of new starts-ups in this business – one of them trying to stand out by riding on the coat-tails of the market leader in the affordable luxury segment: Pandora A/S….
