Supreme Court dismisses trademark infringement claim where foreign business name is identical to domestic trademark.
Sintesi Legislator
Generato dall'IAThe 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.
Regesto Legislator
Generato dall'IASection 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.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IAGiurisprudenza citata
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
Kysymys ulkomaisen toiminimen suojasta täkäläistä tavaramerkkiä vastaan.
Ks. KKO:1994:23