The Danish Maritime and Commercial Court has issued a decision
refusing registration of the trademark AMW for various automobile
parts as a result of an objection by Bayerische Motorenwerke AG
on the basis of its well-known trademark BMW. The court reasoned
that, since the BMW mark was extraordinarily well-known, it should
be afforded broad protection against other marks that might, under
ordinary circumstances, be considered to be less similar to one
another. The court held that use of the AMW mark could imply some
connection with the owners of the BMW mark and would improperly
exploit and cause harm to the distinctiveness and reputation of
the BMW trademark. This decision focused not on the more customary
issue of similarity of goods or services, but on the issue of
the similarity of the marks themselves and the extent to which
well-known marks should be granted protection against arguably
dissimilar marks.

