Search results - found 32
Distribution of MP3 players constitutes infringement of Community design (International reports)
In Creative Technology Ltd. vs. Garder A/S the Supreme Court found that the design rights belongs to Creative Technology, as to lack of proof to the opposite, that the design of Garder's MP3 player is identical with the design of Creative Technology and that Garder intentionally infringed the design rights of Creative Technology as Garder in the installation guide for its MP3 player referred to the MP3 player of Creative Technology.
Generic versus branded: court rules on drug substitution legislation (International reports)
A recent Maritime and Commercial High Court decision has exposed a potential incompatibility between Danish patent legislation and a medicinal substitution act which was implemented to minimise the costs of medicine for consumers and the government.
Do you have permission? (International reports)
When a company is considering registering a new trademark for a drug, it should search to check earlier trademarks. However, it must also check whether the trademark will be approved by the Danish Medicines Agency and whether it will be possible to market the medicinal preparation under the chosen trademark.
Appeal board protects well-known PRINCE mark (International reports)
The Patents and Trademarks Board of Appeal has overturned a decision of the Patent and Trademark Office to find that the cigarette trademark PRINCE is so well known that it can prevent registration of the same mark for foodstuffs. The decision, which has been referred to the Maritime and Commercial Court, grants the mark extremely broad protection.
PR device mark constitutes trademark infringement of RR device mark (International reports)
In Rolls-Royce PLC and Rolls-Royce Motor Cars Ltd vs. PR Chokolade A/S, the Maritime and Commercial Court found that the RR trademark has a reputation in Denmark, and further stated that even though the use of the RR trademark in Denmark is very limited and perhaps exactly because the use of the trademark is Denmark is very limited - the trademark has become associated with prestige, luxury and quality.
Record payout for Rolls-Royce as court confirms mark is well known (International reports)
A Danish court has awarded Rolls-Royce Dkr250,000, one of the biggest payouts ever awarded in a trademark case in Denmark, over allegations that its famous mark was infringed by PR Chokolade A/S. Contrary to the defendant’s claims, the court found that the ROLLS-ROYCE mark is well known in Denmark, a conclusion that was supported by two surveys.
T-shirt design protected as an unregistered Community design (International reports)
In Bestseller A/S vs. Coop Danmark A/S and Natex of Scandinavia A/S, the Supreme Court agreed with the Maritime and Commercial Court that the t-shirts were not protected by copyright but enjoyed protection as unregistered Community design. However, it went on to find that Coop and Natex should not have known about Bestseller’s designs when importing the t-shirts to Denmark.
A CORONA copy? (International reports)
The Maritime and Commercial Court has held that a Danish company that sold online copies of a designer chair produced in China infringed copyright in the chair. However, it remains legal for a Danish individual to import a copy of the same chair if it is produced and purchased in a country where no copyright exists in the original chair.
Fisherman vodka found to infringe rights in the Fisherman’s Friend lozenge (International reports)
The Supreme Court has held that the marketing of Fisherman vodka could be detrimental to Fisherman Friend’s lozenge, which was often marketed in connection with sports. Nortlander was ordered to cease use of the trademark Fisherman for vodka, to cease use of a number of bottle labels and to pay compensation and damages.
Prelude publication is considered copyright infringement of corresponding hymn (International reports)
The High Court found the publication of a prelude was a rewriting of the hymn and not exempted by the right to quotation. Further, the Court found no basis to establish that the defendant should be precluded from enforcing its copyrights through an established practice of publishing preludes without the payment of royalties.
Extended protection for medicinal products (International reports)
The EU Medicinal Products for Paediatric Use Regulation made it possible to obtain a further extension of six months in order to study the use of a medicinal product among children. The first application for extension of a supplementary protection certificate pursuant to the regulation has now been filed in Denmark.
Use of Chanel trademarks on urn constitutes trademark infringement (International reports)
In Chanel S.A. vs. Begravelsesservice ApS, the Maritime and Commercial Court found that a funeral service firm had made commercial use of the Chanel’s trademarks, and that such use had been detrimental to Chanel’s reputation. The funeral service firm was ordered to cease use of the Chanel trademarks and to pay compensation with DKK 25,000 (approx. EUR 3,300).
Compensation for patent infringement should be calculated on the basis of the market value of the ad (International reports)
In an infringement action against a machine manufacturer, POMI, and a machine pool, Breum, the parties agreed before the Supreme Court on the questions of validity and infringement, and the Court was consequently only to decide on the question of damages and compensation.
SPC harmonisation in Denmark (International reports)
The Danish guidelines on the examination of supplementary protection certificate applications explicitly state that patents for pharmaceutical compositions cannot be designated as basic patents. This has long been the position of the Danish Patent and Trademark Office, but it has now changed its position.
Patent challenge is finally resolved after 28 years (International reports)
On 21st August 2008 the Danish Supreme Court handed down a final ruling in a patent dispute that had been running for 28 years. Even after the presentation of a pertinent French patent, Fritz Amstrup used all the available appeal options - but at no time did he produce anything to justify the granting of the patent.
Sport shoes not found to infringe Puma’s form strip trademark (International reports)
In Puma AG Rudolf Dassler Sport vs. Coop Danmark A/S, the Supreme Court stated that Puma’s shoe has a low degree of distinctiveness and therefore only enjoyed protection against slavish imitations under the Danish Marketing Act. The Court found that the defendant’s shoe differed sufficiently from the plaintiff’s shoe and consequently the sale of the JFY Retro shoe did neither constitute trademark infringement nor a violation of good marketing practices.
Putting a price on IP rights (International reports)
The focus on valuing IP rights is intensifying, both in Denmark and in the rest of the world. Although putting a price on a company’s IP assets can be a cumbersome and imprecise process, Danish companies would be advised to make some move in this direction, as even a preliminary valuation is better than no valuation at all.
Unfair Commercial Practices Directive sets out clearer rules for mark owners (International reports)
The deadline for implementing the EU Directive on Unfair Business-to-Consumer Commercial Practices has now expired. In Denmark, the directive is implemented by a regulation to the Marketing Act. This is particularly significant to trademark owners, as most counterfeit cases are run with reference to the Marketing Act as well as the Trademark Act.
Joint rights in software inter partes between a software developer and its customer (International reports)
The Maritime and Commercial Court has found that the rights in a piece of co-written software was held jointly by the parties in equal shares. The parties may thus jointly have claimed royalties from third parties, but not from each other without separate agreement hereon.
London Agreement should pave the way for lower patent prices in Europe (International reports)
The London Agreement has now come into force, cutting costs for patent owners by providing that only the patent claims, and not the whole patent text, need be translated into the national languages of the countries in which protection is sought. To date, 13 European countries, including Denmark, have joined the agreement.
Register for more free content
- Read more IAM blogs and articles
- Receive the editor's weekly review by email