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Supreme Court of Denmark

Infringement of BMW's design and trademark rights 
10-03-2015 

Case no. 17/2010


Judgment delivered on 10 March 2015.

East Scandic A/S
vs.
Bayerische Motoren Werke Aktiengesellschaft

Sale and marketing of aluminium rims infringed BMW's design and trademark rights

The case concerned a dispute concerning BMW's design and trademark rights in connection with East Scandic A/S's sale and marketing of four types of aluminium rims (products A, B, C and D).

The Supreme Court found that East Scandic A/S's claim that BMW's registered Community designs are invalid could not be tried in this case, as the issue had already been dealt with by the EU Office for Harmonization in the Internal Market (OHIM), which had made its final decision on the issue in accordance with Articles 57 and Article 86(5) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (the Community Designs Regulation). In addition, the Supreme Court found that the transition provision in Article 110 of the Community Designs Regulation ('the component parts rule') does not apply to aluminium rims. For this reason, it does not bar BMW from enforcing its Community designs.

Based on an overall evaluation, the Supreme Court found that products A, B and C infringed BMW's design rights. Product D violated the Danish Marketing Practices Act. In addition, East Scandic A/S had infringed BMW's trademark rights by using the trademarks in its marketing of rims that were not in any way connected with BMW. Consequently, the Supreme Court issued an injunction against continued infringement of BMW's design and trademark rights and fixed remuneration and compensation at a total amount of DKK 250,000.

The Maritime and Commercial Court had reached the same conclusion, except in relation to the scope of the injunction.

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