Legislator Case Law & Legislation
KKO 1650/2002 AI generated

Supreme Court dismisses trademark infringement claim where foreign business name is identical to domestic trademark.

Case Number KKO 1650/2002
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Finland dismissed the plaintiff's claim for protection against a foreign business name identical to their registered trademark. The plaintiff argued that the foreign entity's name caused confusion with their domestic mark, while the defendant contended that the foreign name was merely descriptive of the business location. The court ruled that under Finnish law, a foreign business name does not constitute a protected trademark unless it has acquired distinctiveness through use within Finland, which was not established here.

Legislator headnote

AI generated

Section 1 of the Trademarks Act 1999; Section 1 of the Trademarks Act 1999: A foreign business name is not protected as a trademark against a domestic registered mark unless it has acquired distinctiveness through use in Finland.

Keywords

AI generated
trademark protection foreign business name distinctiveness acquisition trademark infringement confusion avoidance domestic registration geographical indication

Cited Legislation

AI generated
Section 1 of the Trademarks Act 1999

Cited Case Law

AI generated
AI generated

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Full text

Kysymys ulkomaisen toiminimen suojasta täkäläistä tavaramerkkiä vastaan.

Ks. KKO:1994:23