Infringement of Fiskars’ rights pertaining to the Contrast-cup

In a recent judgment delivered by the Court of Appeal of Eastern Denmark (the High Court) in a case between Peter Bodum A/S (“Bodum”) and Fiskars Finland Oy Ab (“Fiskars”), the High Court upheld the ruling of the Danish Maritime and Commercial Court, concluding that Bodum’s Douro-cup infringes Fiskars' copyrights and rights pursuant to the Danish Marketing Practices Act pertaining to the Contrast-cup (Royal Copenhagen). 

The High Court emphasized that the similarity between the two cups is so striking that it must be considered intentional, creating a substantial risk of confusion among the relevant consumer group. As a result, Bodum is enjoined from marketing and selling the Douro-cup, regardless of color and size. Additionally, the cups are to be recalled and destroyed. The broad scope of the injunction represents an important milestone for copyright holders in Denmark.

Bruun & Hjejle represented Fiskars in both instances.

The judgments from the respective instances are available here (in Danish): Ophavs- og markedsføringsretlig krænkelse af Contrast-koppen