By sentence of 13 May 2009, the Danish Maritime and Commercial Court determined that the wine company, Excellent Wine Danmark A/S’ use, sale and advertising of wine bottles with labels made of tin did not comprise an infraction of the declared trademark rights of Udesen Danmark - a wholesaler within the field of arts and crafts, gift items, wines etc.
Since 2001, Udesen Danmark had manufactured, advertised and sold wines with labels made of tin portraying various events, such as activities (golf, hunting etc.) or special occassions (birthdays, wedding days etc.).
In 2007, Excellent Wine started to offer the wines named “Hunter’s Choice”, “Congratulation” and “Golfer’s Reserve” with labels made of tin (see picture).
Udesen Danmark detained that their “event labels made of tin” were satisfactorily unique in order to function and to be protected as trademarks since trademark rights had been recognized through use of the marks. Udesen further quarreled that Excellent Wine’s labels illustrating the same motives and categories of events were confusingly parallel according to the Danish Trademarks Act to the rights protected by Udesen Danmark.
The Court found that Udesen Danmark’s tin labels did not have intrinsic distinctiveness and further that Excellent Wine’s motives varied with regard to their style and content. Neither the bottles in their whole nor the labels were sufficiently distinctive in order to enjoy protection as trademarks and consequently no trademark violation had taken place.
The interim injunction laid down by the local Bailiff’s court was canceled.
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