Search results - found 34
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.
IP rights strategy in practice: Arla Foods (International reports)
For many years Arla Foods has dealt with IP rights, in particular trademarks, and the company is aware of how important trademarks are to its success. In this article Jakob Balling, Arla's IP specialist, discusses the company’s recently adopted five-year company strategy, in which brands and trademarks play a prominent role.
Supreme Court rules that employees can listen to music without paying royalties (International reports)
The Supreme Court has held that the playing of music via TV, radio and CD players is not to be considered public performance of music, as according to practice transmission of music to less than 40 persons is not considered “public performance".
Requests for limitation or revocation: Danish law versus the EPC 2000 (International reports)
The entry into force of the European Patent Convention (EPC) 2000 on December 13 2007 has highlighted the different approaches taken by Denmark and the European Union to the re-examination of issued patents. In contrast to the EPC 2000, Danish rules allow both the patent owner and third parties to ask the Danish patent authority to re-examine an issued patent valid in Denmark.
Legal privilege for patent attorneys before Danish courts (International reports)
After more than 10 years of effort from Danish IP and industry associations, patent attorneys may finally be given legal privilege before the Danish courts.
Domain name ups.dk should be transferred to United Parcel Service of America (International reports)
In United Parcel Service of America Inc. vs. Data4u by Jan Normand Andersen, the Supreme Court, the Supreme Court found that Data4u did not have a creditable interest in maintaining registration of the inactive domain name ups.dk whereas United Parcel Service clearly had a need in using the domain name.
Scope of protection for Hermès' Birkin bag trademarks (International reports)
Herm&232s has failed in two claims for alleged infringement of several registered trademarks depicting its renowned Birkin bag. The court found that the Birkin bag was protected by copyright, but that the importers’ bags were not sufficiently similar for them to constitute copyright infringement.
Fighting for gold (International reports)
Team Danmark, the independent public institution charged with developing Danish sport, has enjoyed a 3-1 victory in a fight to protect its trademark. The Maritime and Commercial Court ruled that the later JOBTEAMDANMARK mark for which registration was sought would have diluted everything for which the TEAM DANMARK mark stood.
Linking to diesel.com and use of “supplier” in relation to Diesel constitutes a violation of good ma (International reports)
In Diesel Denmark ApS vs. Fabric Denmark ApS, the Maritime and Commercial Court found that the use of the term “suppliers” in connection with DIESEL and the linking to diesel.com was misleading and providing the false impression that the Fabric shops were authorized DIESEL dealers. Consequently, the use of DIESEL and linking to diesel.com was considered a violation of good marketing practice, and Fabric was ordered to pay compensation and damages with DKK 25,000 (approx. EUR 3,300).
Distribution of lamps not a violation of good marketing practice (International reports)
In Herstal Lampe Design A/S vs. Hagro by Hans Grove and Silvan-kæden A/S, the Supreme Court found in favor of Hagro and Silvan, stating that 3 of the Herstal lamps did not have sufficient distinctiveness to enjoy protection against product imitation under the Danish Marketing Act. The remaining 2 lamps had sufficient distinctiveness, but the corresponding Hagro lamps were not considered sufficiently close to be considered illegal product imitations.
Use of GALLERI LEGO did not infringe the LEGO trademark (International reports)
In LEGO Holding A/S vs. Louise Lego (previously Louise Lego Andersen), the Supreme Court found that the use of LEGO by Louise Lego was not disloyal, improper or detrimental to the LEGO trademark, and Louise Lego was therefore entitled to use the name Galleri Lego, the domain name galleri-lego.dk and use LEGO as a meta-tag and key word on the internet.
Amendment passed providing legal privilege to patent attorneys before Danish courts (International reports)
The proposition to amend the Administration of Justice Act was recently passed in Parliament. The amendment was passed unanimously and provides European patent attorneys with a legal privilege similar to that of lawyers.
Burberry defeats Zebra in Supreme Court ruling (International reports)
The Supreme Court has issued its final ruling in a dispute between UK company Burberry and Zebra A/S, which operates a number of TIGER stores in Scandinavia. The court held that although Zebra's wallets had a pattern closely resembling Burberry's well-known check pattern, it was unlikely that Burberry's sales had been affected as the two products had different end users.
Design registrations enhance Danish competitiveness (International reports)
The ability to create and implement designs is crucial to Denmark’s competitiveness in the global knowledge society. Product designs can benefit from copyright protection or be registered as EU designs, international designs or even trade dress trademarks. It is crucial to understand the IP rights system in order to choose the most appropriate protection for a design.
Use of Mokka following the termination of a license to use AMOKKA constitutes trademark infringement (International reports)
In Scanomat A/S vs. Restaurationsaktieselskabet Dag Hammarskjölds Allé af 18/8-2004, the Maritime and Commercial Court did not find that Scanomat had proven either to have suffered any loss or any market disturbance by the infringing use of Dag H. Irrespective of the testimony by an expert witness that comparable royalty rates in the franchise business range from 12-15% of the revenue, the court awarded compensation with DKK 300,000 (about EUR 40,000) corresponding to approx 5% of the revenue of Dag H during the minimum period of infringement.
Register for more free content
- Read more IAM blogs and articles
- Receive the editor's weekly review by email