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.