High Court grants injunction due to risk of dilution of Unilever's BIO-TEX mark

Denmark

In May 2015 the Maritime and Commercial Court found that Coop and Nopa had not violated Unilever's trade dress for products marketed under the mark BIO-TEX, and that the designation 'D'Or-Tex' was not confusingly similar to BIO-TEX.

Like the Maritime and Commercial Court, in Unilever NV v Coop Danmark A/S (Case 10 B-1211-15, October 9 2015) the High Court found that the trademarks BIO-TEX and BIOTEX are well known in Denmark. It also found that the defendants had not violated Unilever's trademarks by using the word mark D'OR-TEX and found in their favour on this point.

However, the High Court held that the mark D'OR-TEX suggested an association with BIO-TEX. The High Court also found that the defendants' packaging contained a number of elements that were found fully or partially in Unilever's products. Based on an overall assessment, the High Court found that, due to a combination of elements, the defendants' packaging created a general impression of similarity with Unilever's well-known BIO-TEX detergent. This position was supported by market research that was submitted to the High Court.

The High Court found that the defendants' D'Or-Tex products risked diluting the reputation and market position of BIO-TEX and granted an injunction without provision of security. The defendants were ordered to pay Dkr50,000 in costs.

Mads Marstrand-Jørgensen, NJORD Law Firm, Copenhagen

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