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Spiritusflasken Small Owls, which came on the market in september 2019, have been banned.
It has the Maritime and Commercial court decided in a ruling that has just been published.
It was sprutfirmaet United Drinks, which are known, for example, Gajol shots, and flødebollerigmanden Michael Spangsberg, who among other things invented the Bonbon, who together had brought a case of eliminating the prohibition against the competitor The Denmark’s new gimmick.
Spangsberg and United Drinks have since 2017 the cooperation on the bottle ‘Blue Owls’, which is a spirit drink based on Nørregades ‘Blue Owls-sweets’. And they believed that the new bottle with ‘Little Owls’ snyltede on their product.
See also: Wealthy calling for a ban on new sprutflaske
Although they were unsuccessful in all their claims, so they managed then to get a ban on selling, producing or marketing a spirit drink under the name of ‘Little Owls’. In addition, the competitor also does not make use of the trade mark ‘Blue Owls’ or market products with images of blue sweets, which are shaped as owls.
the Bottles with ‘Little Owls’ must now be revoked to their own customers.
the Article continues under the picture…
Spangsberg and the collaborator was unhappy with the use of the word ‘owls’. But also with ‘Small’, because it rhymes with ‘blue’.
‘There is the similarity between the ”Small owls” and ”Blue owls”, as the dominant element in the labels is the identical word ”owls”, and ”Blue” and ”Small” uses the same vocals, the words rhyme and the words have the same length, namely three letters,’ stood there in one of the påstandsdokumenter. .
The Denmark rejected all of the claims.
‘The uses characterized “blue owls” in a neutral and fair manner for the sole purpose of indicating a taste (and not as a trademark), which flavor, incidentally, is produced in the form of both sweets, spiritusshots and e-cigarettes of a variety of other businesses, wrote to their lawyer in their particulars of claim.
They laid emphasis on ‘Little Owls’ is a part of the so-called ‘Small-series’, where there are 17 other flavors.
