It was a complete victory in the Supreme Court for the Estonian wooden house producer Matek, represented by Moll Wendén, in a highly publicized case against Länsförsäkringar where Länsförsäkringar argued that Matek’s trademark infringed Länsförsäkringar’s registered Community trademark (judgment issued on 22 November 2017 in case T 3403-14). Moll Wendén has represented Matek in Svea Court of Appeals, the European Court of Justice and now the Supreme Court in the case which contains several interesting trademark law issues.
Despite the relatively high brand similarity, the Supreme Court agrees with Matek and finds that there is no risk that an average consumer confuses the trademarks or finds an economic link between the companies.
Two important reasons for this conclusion are that the relevant public consist mainly of professional agents and that the trademarks are associated with products that are seldom or never subject to “spontaneous purchases”. Matek is also deemed not to have infringed the expanded protection that Länsförsäkringar’s trademark possesses.
The Moll Wendén team consisted of Stefan Wendén and Maria Yngner, with assistance from Lars Thyresson, Hansson Thyresson Patentbyrå.