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10 November 2008
On October 24 2008 the Maritime and Commercial Court ruled in PUMA AG Rudolf Dassler Sport v Netto A/S.
Puma AG is the owner of two Danish trademark registrations for so-called ‘form strips’ for shoes in Class 25. Puma has extensively marketed shoes with form strips on their sides.
Major Danish retail chain Netto A/S has sold, among other things, shoes with a side decoration. In Puma’s opinion, these shoes violated its trademark rights. Netto has sold approximately 8,000 pairs of these shoes.
Netto referred to the November 20 2007 Supreme Court decision in Coop v Puma (515/2005) (for further details please see “Damages Recouped by Coop in Device Mark Case”).
The Maritime and Commercial Court found there to be a risk of confusion between the shoes and consequently ruled that Netto had violated Puma’s trademark rights. Netto was ordered to pay Dkr200,000 in damages for lost sales, disturbance of the market and fair compensation, plus an additional Dkr27,500 in costs.
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