Supreme Court dismisses trademark infringement claim where foreign business name is identical to domestic trademark.
Legislator summary
AI generatedThe 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 generatedSection 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.
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AI generatedFull text
Kysymys ulkomaisen toiminimen suojasta täkäläistä tavaramerkkiä vastaan.
Ks. KKO:1994:23