If we can make use of the case, we'll not only thank you but will give you an acknowledgement and, where possible, a link. If you have information about any case or office decision and would like to share it with other readers and MARQUES members, please let us know (you can email me direct on jjip@btinternet.com .or contact the secretariat). Please let us know, if possible, not just what the case was about and who won but ,(i) the name, number, date, court/office which heard the dispute, (ii) if possible, the identities of the parties and their representatives, (iii) an illustration of any logo or figurative mark discussed in the case (iv) and a link to any website where the original decision can be found.

A Danish lady who used the trademark ORIENTEXPRESSEN on a stall from which she sold spicy food on music festivals etc. has been forced to change the trademark. This was affirmed by the Danish Supreme Court on 19 October 2009.

The Danish lady who runs a small catering company filed a trademark application to register ORIENTEXPRESSEN (device mark) in respect of “catering services”. The French train company SNCF, who runs the legendary train line known as the Orient-Express, filed an opposition based on their Community Trademark Registration of the word mark ORIENT-EXPRESS covering “hotel services”. SNCF claimed similarity in marks and services. The Danish lady counterclaimed that the term ORIENT-EXPRESS lacked distinctiveness, and that the marks and services were dissimilar.

The Danish PTO found in favour of SNCF. The decision was appealed to the Board of Appeal, then to the Danish Maritime and Commercial Court and finally to the Supreme Court. All instances upheld the decision. In the Maritime and Commercial Court's decision, it was stated that ORIENTEXPRESSEN is the dominant element in the device mark, that the mark is similar to ORIENT-EXPRESS, that ORIENT-EXPRESS is distinctive with respect of "hotel services", and that "hotel services" and "catering services" are similar in kind because hotels may deliver food out of the house. The Supreme Court has now affirmed this decision.

On October 16, 2009, the Finnish daily newspaper, Helsingin Sanomat, reported that the closing down of a certain beer factory in Tornio, Lapland has initiated political debate in the Finnish parliament concerning brands and geographical indications.

The factory in question is now owned by Heineken and has produced beer under the mark LAPIN KULTA (“Gold of Lapland”) since 1873, but in the year 2010 the entire production line will be relocated to Lahti, a bigger city in the southern Finland. 

One member of the parliament, Mr. Esko Juhani Tennilä, called this action “brand plunder”. He stated that the trade mark LAPIN KULTA, as well as its image and whole history, are closely connected to Lapland and its nature. Accordingly, Mr. Tennilä asked the Finnish government to take action. While the Minister of Economic Affairs, Mr. Mauri Pekkarinen, promised to look into every possible option available, he remained skeptical whether any remedies would be available under existing legislation.

Under this slogan, the Spanish Patents and Trademarks Office (SPTO) is engaged in a media campaign aiming to raise public awareness against IP piracy.