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NJORD | Denmark | 26 Apr 2021

The Financial Technology Law Review: Denmark

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NJORD | European Union | 25 Jul 2016

New evidence cannot be filed for first time at General Court

The General Court was recently asked to annul a decision of the EU Intellectual Property Office which had revoked an EU trademark on the grounds that the evidence provided could not establish genuine use. As part of the appeal, additional evidence was submitted, but the court held it to be inadmissible, as it had not been filed before the case came to court. If evidence is not filed with the......
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NJORD | Denmark | 23 May 2016

JT Olesen: shirt manufacturer earns its stripes

The Maritime and Commercial High Court recently ruled in favour of shirt manufacturer JT Olesen, finding that competitor Natex's Stanfield Shirt infringed the registered design of JT Olesen's Oscar Shirt and was a slavish imitation of it under the Marketing Practices Act. The court noted that the distinctive features of the Oscar Shirt were, among other things, contrasting-coloured edges in......
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NJORD | Denmark | 7 Mar 2016

Court rejects call for preliminary injunction based on alleged breach of distribution deal

The Maritime and Commercial Court recently rejected a preliminary action for the alleged breach of an exclusive distribution agreement. This is the first case of its kind to establish that contractual disputes cannot invoke a right to render a preliminary injunction. The case also highlights the need to demonstrate that the plaintiff has a right on which to base an injunction, which can be......
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NJORD | Denmark | 11 Jan 2016

Intel sues SeaIntel for trademark violation

Intel recently sued SeaIntel for trademark violation. SeaIntel claimed that 'intel' is an abbreviation of 'intelligence' and that the INTEL mark was thus descriptive. However, the court disagreed and held that SeaIntel had violated Intel's trademark rights and risked taking unfair advantage of its reputation. The defendant was ordered to cease using the designation and to pay remuneration and......
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NJORD | Denmark | 23 Nov 2015

High Court grants injunction due to risk of diluting reputation

In a recent case concerning competing detergent products, the High Court found that the defendants' packaging created a general impression of similarity with the plaintiff's well-known detergent. This position was supported by market research. The High Court found that the defendants' products risked diluting the plaintiff's reputation and market position and granted an injunction without......
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NJORD | Denmark | 19 Oct 2015

Trashed: reproduction of registered bin design ruled infringement

The Maritime and Commercial Court recently considered whether the reproduction of a registered design infringed the design right. Although the court issued an interim injunction, the decision is under appeal. The question of whether such a reproduction is a violation has not been decided before and many businesses – especially those manufacturing spare parts – will await future developments......
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NJORD | Denmark | 17 Aug 2015

Trademark registration rejected due to lack of distinctiveness

Novartis AG recently applied for a Danish trademark registration for a patch used in the treatment of Alzheimer's disease. The trademark was registered as a Community trademark, but the Office for Harmonisation in the Internal Market's cancellation division declared the registration invalid, as the trademark did not possess any sufficiently specific or arbitrary characteristics. The decision......
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NJORD | Denmark | 15 Jun 2015

Maritime and Commercial Court rejects Unilever's interim injunction application

The Maritime and Commercial Court recently rejected Unilever's application for an interim injunction regarding competing detergent products for trademark violation and trade dress violation. The court found that no risk of confusion existed between the trademarks and that the defendants had not violated Unilever's trade dress, despite the fact that their packaging used the same colours.
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NJORD | Denmark | 11 May 2015

East Scandic ordered to pay compensation to BMW for trademark violation

The Supreme Court recently confirmed a Maritime and Commercial Court decision that East Scandic must pay compensation and remuneration for marketing and selling wheel rims which violated BMW's design and trademark rights. On appeal, East Scandic claimed that BMW's design registrations were invalid due to a lack of individual character, but the court rejected this claim.
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