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CLASS 46


Now in its twelfth 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.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
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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