Restaurant Babette successful in trademark case

On 1 April 2016 the Danish Maritime and Commercial High Court settled a case between Restaurant Babette ApS in Vordingborg, Denmark, and Guldsmeden Babette ApS about the rights to the trademark Babette. Plesner conducted the case for Restaurant Babette.

In the case, the Danish Maritime and Commercial High Court established that the designation "Babette" cannot be deemed to be descriptive of food and beverages despite the name "Babette" giving associations to Karen Blixen's short story "Babette's Feast" from 1952 which is about a sumptuous meal. Based on the significant amount of documentation produced in the case the Court found that Restaurant Babette had obtained a trademark right to the name Babette through regular use.

The Court also found it indisputable that the trademarks "Brasserie Babette" and "Babette's" which Babette Guldsmeden used for its restaurant and bar business constituted a risk of confusion in respect of Restaurant Babette's trademark Babette, which is why the trademark had been infringed under section 4(1) of the Danish Consolidate Trade Marks Act and sections 1 and 18 of the Danish Marketing Practices Act.

Against such background, the Court awarded Restaurant Babette DKK 50,000 in damages for the infringement.

Christian L. Bardenfleth, Attorney-at-Law and Plesner Partner, conducted the case on behalf of Restaurant Babette.

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