BOX-1.DK held to infringe BOXIT
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The Maritime and Commercial Court has issued its decision in Escot Fast Ejendom A/S v Box-1.dk ApS (Case V 51/08, January 21 2010).
Since 2003 Escot Fast Ejendom A/Shas let out storage rooms under the word mark BOXIT. Escot registered the trademark BOXIT for, among others, services in Class 39 of the Nice Classification. It further registered the designation Boxit A/S as its secondary company name.
Box-1.dk ApSbegan letting out storage rooms in 2006 and registered BOX-1.DK as a trademark in 2008. Box-1.dk used the marks BOX-1 and BOX-1.DK in its marketing campaigns.
Escot sued Box-1.dk, claiming that BOX-1.DK infringed Escot's registered trademark BOXIT.
The Maritime and Commercial Court found for Escot, in particular because the marks in daily use would be BOXIT versus BOX-1. The court pointed out that '1' would be pronounced as 'et' in Danish.
Therefore, the court ordered Box-1.dk to pay Dkr50,000 in compensation and Dkr50,000 in costs to Escot.
Mads Marstrand-Jorgensen, Norsker & Co, Copenhagen
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