Denmark: Trademark use of ØRSTED is justified – … Kluwer Trademark Blog
25 February 2021
In her latest post at Kluwer Trademark Blog, our Senior Attorney Louise Thorning Ahle discusses a recent ruling issued by the Danish Supreme Court stating that the family having the last name of Ørsted must tolerate and co-exist with the commercial use of ØRSTED. The ruling dismisses a previously existing interaction between the Trademarks Act and the Names Act.
Has the Supreme Court changed case law? It seems like, if a “rare name” used by up to 2000 people is not enough to prevent a trademark registration. At least, the decision poses questions as to the judges’ underlying reasoning.
Please read the blog post here.
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