In May 2015 the Maritime and Commercial Court found that Coop and Nopa had not violated Unilever's trade dress for products marketed under the designation 'BIO-TEX', and that the designation 'D'Or-Tex' was not confusingly similar to BIO-TEX (for further details please see "Maritime and Commercial Court rejects Unilever's interim injunction application").

Like the Maritime and Commercial Court, the High Court recently found that the trademarks BIO-TEX and BIOTEX are well known in Denmark. It also found that the defendants had not violated Unilever's trademarks by using the word mark D'Or-Tex and found in their favour on this point.(1)

However, the High Court held that the designation 'D'Or-Tex' suggested an association with BIO-TEX. The High Court also found that the defendants' packaging contained a number of elements that were found fully or partially in Unilever's products. Based on an overall assessment, the High Court found that, due to a combination of elements, the defendants' packaging created a general impression of similarity with Unilever's well-known BIO-TEX detergent. This position was supported by market research that was submitted to the High Court.

The High Court found that the defendants' D'Or-Tex products risked diluting the reputation and market position of BIO-TEX and granted an injunction without provision of security. The defendants were ordered to pay Dkr50,000 in costs.

For further information on this topic please contact Mads Marstrand-Jørgensen at NJORD Law Firm by telephone (+45 33 12 45 22) or email (mmj@njordlaw.com). The NJORD Law Firm website can be accessed at www.njordlaw.com.

Endnotes

(1) High Court, Eastern Division, October 9 2015, Case 10 B-1211-15, Unilever NV v Coop Danmark A/S.

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