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…
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…
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 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…
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…
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…
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…
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…
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…
The Swedish company producing high quality beds Hästens Sängar AB (hereafter “Hästens”) has in several jurisdictions (DK, EU, US, SE, NO, CH, FI, ES etc.) applied for the mark (hereafter “the…