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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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Denmark: Scope of protection of the trade mark TIVOLI

In a recent case, the Copenhagen Maritime and Commercial Court ruled that a local TV-station’s (Innocent Pictures ApS’) use of the terms “Tivoli” and “Tivoli Night” in the context of pornographic broadcasts infringed the trade mark rights owned by the Danish amusement park TIVOLI A/S.

The TV-station used the term “Tivoli Night” in combination with an illustration of a “skyline” of an amusement park (depicting city towers, a Ferris wheel etc.)

Tivoli was the owner of the Danish trade mark TIVOLI (word) covering a wide range of goods and services, including the services “film production, film presentation and rental of cine films” in class 41. Further, Tivoli was the owner of a figurative mark depicting a number of the amusement park’s most famous rides and buildings.

In its judgment, the Court stated that TIVOLI is a well known trade mark enjoying a broad scope of protection against third parties’ use of the identical mark for any goods and services. Thus, the TV-station’s use of the terms “Tivoli”, “Tivoli Night” and the skyline in connection with pornographic broadcasts constituted an infringement of Tivoli’s well known word mark TIVOLI and its figurative trade mark.

With regard to the TV-station’s use of the “skyline” alone, however, the Court held that this did not constitute an infringement of Tivoli’s figurative mark.

The Court awarded damages of DKK 300,000 (approx. 40,000 EUR) and Innocent Pictures ApS received a fine of DKK 50,000 (approx. 6,600 EUR).

The matter has been appealed to the Supreme Court.

Posted by: Janne Britt Hansen @ 14.52
Tags: Denmark, trade mark infringement, well-known mark,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

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