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Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  WEDNESDAY, 9 APRIL 2008
German trade mark law, "Thor Steinar" and the Norwegian flag

German newspaper Die Welt and various other (legal) publications report on a case of trade mark infringement by illegally using Norwegian state symbols on items of clothing.

The business manager of fashion label "Thor Steinar", a fashion label favoured by neo Nazi groups, is due to appear in court on 21 April 2008 facing a trade mark infringement law suit. A spokesperson for the Potsdam district court (Amtsgericht Potsdam) confirmed towards the German newspaper Berliner Morgenpost that Thor Steinar's business manager is accused of distributing and selling clothes, illegally bearing the Norwegian flag, via the internet. The case against the (ab-)use of the Norwegian flag has been started by the government of Norway, which is claiming illegal use of Norwegian state symbols under Article 8 (2) No. 6 German Trade Marks Act. Article 8 (2) No. 6 German Trade Marks Act governs the illegal use of state sysmbols, such as emblems and flags. A spokesperson representing the Norwegian government is reported as saying that Norway strongly opposes the use of its state symbols by the neo-Nazi scene. Should the court decide in Norways' favour, which is widely expected, the fashion label will have to pay a monetary fine and will have to either remove the Norwegian flag from the clothing or, if this is not possible, destroy the respective infringing items.

"Thor Steinar" has been in the headlines in Germany several times recently. In one case, locals vehemently protested against a "Thor Steinar" shop in their neighbourhood and so forced the shop to close down. In another case, a landlord in the city of Magdeburg won an eviction case against the label after having been deceived about the neo-Nazi connotations of the "Thor Steinar" shops.

Posted by: Birgit Clark @ 13.10 
Tags: German trade marks, norway, trade mark infringement,

 

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The Class 46 archive


+ 2013
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- 2008
     + December (66)
     + November (60)
     + October (72)
     + September (86)
     + August (48)
     + July (57)
     + June (64)
     + May (68)
     - April (72)
Poland: trade marks for medicines
WIPO: T-mobile for Deutsche Telekom
ICANN on domain tasting
Ready for a game of Boerengolf?
Portugal implements Enforcement Directive
DPMA: Limited access to DPINFO and trade mark data from 7 to 13 May 2008
UKIPO: Updated list of trade mark "status defintions" now available
Swiss Champagne in trouble
Tchibo brand -- an assessment
Coexistence agreements and the Omega case
Commodore trade mark: quo vadis?
SU domains still going strong...?
How logos shapes and colours are remembered
New domain name ADR mechanism for the Netherlands
Latest European Trade Mark Reports
Clooney Confirms: Range of Fakes
Leberkäse mini-mark rejected
Poland: it is all about the date
Alicante News: April issue released
Nic.at: "A Journey Through Time "
Slovenia: annual report for 2007
Most Powerful Brands ranking
France: freedom of speech finally prevails over trade mark rights in parody case
UKIPO: Revised TM33(P) form
Droste effect!
Poland: Vinci against counterfeits
Ferrero fends off Ferro CTM
Subtle amendments for UK trade mark law
Sweet Result for Italian Chocolate Company
Austria: Trade Mark Statistics and top brands and registrants of 2007
Zappanale
advantage to the banks, as CITI saga continues
DPMA: "Mustard from Duesseldorf"
Elsmore writes on coexistence agreements
Another trade mark question referred to the ECJ
How shopping can change the world, or at least Europe
Spain - Launch of "antipiracy" website.
Styrian horseradish heads for GI status
Bulgaria coordinates moves against infringers
Germany passes law to implement EU Directive 2004/48/EC
Scotland: Plans for a .sco domain
Poland: Olsztyn's problems with logo
Unregistered Opera mark -- infringing and descriptive uses
Federal Patent Court: references to the ECJ in "BILD.T-ONLINE" and "ZVS Zeitungsvertrieb Stuttgart GmbH"
Germany: Federal Patent Court "My World"
adidas v H & M: the full text
adidas v H & M: the ECJ ruling
German trade mark law, "Thor Steinar" and the Norwegian flag
Italian Supreme Court Delivers Cold Call to Teleco
"Intent to use" in Kosovo
French seek to register pale ail as a PGI
Written grounds of Irish cases: where are they?
Scotland: trade mark troll attacks small businesses
Some additional thoughts on the "Windsor Estate" decision
IP Enforcement in Italy Enhanced through the Establishment of Specialised Bodies
Germany: Spam mail and trade mark law
Bundesgerichtshof "Windsor Estate" ruling
Is it a HP? Is it a Xerox? Is it a Brother? No it's a Flextronics!
Concise International and European IP Law reviewed
Poland: Scypek almost like Oscypek
More geographical indications to be protected
EU-CARIFORUM to bolster IP rights
Poland: advertised by hooligans
This Time Use Does End in Tears
CFI hears Bud arguments
Copad exhaustion dispute goes to ECJ
UK: rival gaming groups Gala and Rank in trade mark dispute
Articles on trade mark protection in Romania
DMPA: more trade mark applications
Austria: Swarovski Brand expansion - from glass to cosmetics
UKIPO: Updated Exchange rate for Madrid Protocol Application fees paid via a UK deposit account
Spain – Do not mess with Tarragona.
     + March (77)
     + February (100)
     + January (100)
+ 2007

 
 

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