19.2.2010: The Supreme Court in Finland Upheld the Appeals Court Ruling in the "INGMARIINI" Case

Juridia has successfully represented Arla Ingman Oy in a trademark infringement case against Valio Oy in the Supreme Court of Finland.

According to the decision (no 343) given by the Supreme Court on 19 February 2010,  Arla Ingman Oy’s trademark INGMARIINI is not confusingly similar to Valio Oy’s trademarks VOIMARIINI and OIVARIINI. The Court held that both marks, i.e. VOIMARIINI and OIVARIINI, are reputed trademarks in Finland due to their extensive use. However, the use of the trademark INGMARIINI was not considered to infringe these marks as the common element -RIINI referred to the Finnish word “margariini” (in English “margarine”) rather than Valio’s trademarks VOIMARIINI and OIVARIINI.  The Supreme Court referred to the following cases of the ECJ: 9 January 2003 C-292/00 Davidoff, 23 October 2003 C-408/01 Adidas-Salomon and 27 November 2008 C-252/07 Intel.

In the District Court, Valio’s claim for damages was 1,500,000 euro.

Further information: Petteri Häkkänen, Partner
petteri.hakkanen@juridia.com.
+358407457193


Back