Montex Holding Ltd.
Diesel S.p.A. and Diesel Denmark ApS
Seizure of goods by the Danish customs authorities not warranted as Diesel's figurative mark "D" had not been infringed
Montex had goods produced in Poland, and in 2001, these products were imported in transit to Denmark with a view to shipping them on to Ireland as the final destination. In connection with the import of the goods, the Danish customs authorities inspected the goods, as they suspected them to be counterfeit. Upon request from Diesel, the customs authorities suspended the release of the seized goods.
During the proceedings, the legitimacy of the customs authorities' seizure and the infringement of Diesel's figurative mark "D" were questioned.
The Supreme Court gave judgment in favour of Montex. On the basis of an overall assessment, the Supreme Court found that Montex's figurative mark could not be regarded as being easily mistaken for Diesel's figurative mark "D", which was registered as an EC trade mark, cf. Article 9(1) of the Trade Mark Regulation. The seizure of the goods was thus not warranted.
The Danish Maritime and Commercial Court had come to the opposite conclusion.