FS-4777/2008-KBH
ECLI:DK:KBH:2022:FS0000000050
AI generated
Court dismissed evidence preservation request for trademark infringement as no prima facie case was established.
Denmark (DK)
Legislator summary
AI generatedThe court dismissed the plaintiff's request to preserve evidence regarding alleged trademark infringement. The plaintiff claimed unauthorized use of their marks, but failed to provide sufficient preliminary evidence to justify the extraordinary measure. Consequently, the court ruled that the threshold for granting evidence preservation was not met.
Legislator headnote
AI generatedMarkelov, § 100; Markelov, § 101: Evidence preservation may only be granted if there is a prima facie case and a risk of evidence loss.
Keywords
AI generated
trademark infringement
evidence preservation
prima facie case
preliminary evidence
unauthorized use
brand protection
court discretion
Cited Legislation
AI generatedMarkelov, § 100
Markelov, § 101
Related Decisions
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BS-2325/2021-SHR
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BS-1237/2008-VLR
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BS-9911/2021-SHR
Court holds former director personally liable for trademark infringement via parallel imports and awards damages.
Full text
Sag om bevissikring i relation til en række mærkevarer