Siri Alvsing and Felicia Taubert comment on a case addressed by the PMCA regarding infringements of trademarks held by one of Sweden’s largest truck manufacturers.
Introduction
This case regarding infringements of trademarks of one of Sweden’s largest and most well-reputed truck manufacturers concerns several interesting aspects of trademark law. (1) The Patent and Market Court of Appeal (PMCA) has clarified when non-registered trademark rights are established through use on the market and when they have a sufficient reputation to enjoy an extended scope of protection. The Court established the importance of being able to produce sufficient evidence for a relevant point or period in time and of showing when the infringing measures have in fact taken place if the proceedings concern a limited period in time. It also commented on trademark use in accordance with good business practices.
Facts
One of Sweden’s largest truck manufacturers brought an infringement action against a company that assembled and customised truck chassis.
The truck manufacturer was the holder of several EU trademarks (EUTMs) and national trademarks incorporating, inter alia, griffins, a V8 symbol, and the word “SCANIA” (both in word and figure) registered for trucks and related products in class 12, as well as other goods and services in other classes. The truck manufacturer also claimed non-registered trademark rights to the griffin and the V8 symbol in a slightly different design. Read more
