22 June 2022 · News

Court decides on better rights to the trademark Nefertiti

The jazz association declared its wholly owned limited company Jazzklubben Nefertiti AB bankrupt in the spring of 2020. The company’s operations, including associated rental premises and intellectual property rights, were acquired in a closed auction by the buyer Nef Swe AB (Nef), with the aim of saving the legendary club scene that Nefertiti represents in Gothenburg.

In the business acquired by the receiver there were two trademark applications, to which the jazz association claimed to have a better right. The association did not want the buyers to be allowed to use the Nefertiti brand at all for the operations at Hvitfeldtsplatsen 6 in Gothenburg. The jazz association therefore objected to registration with PRV and subsequently sued Nef in court.

The Patent and Market Court has now decided the matter as the first instance, on 20 June 2022. The Jazz Association’s action is dismissed because no better right to the trademark applications (Nefertiti) has been shown in the case. The court states, among other things, that the activities of the association and the subsidiary were conducted together and that the trademark was largely used as a location determinant for the club at Hvitfeldtsplatsen 6 in Gothenburg, which has been run by the subsidiary since 1982. If the judgment gains legal force, the processing of trademark applications at PRV will resume.

Moll Wendén, through David Klose and Simon Wilkens, represented the buyer Nef in the case. More information about the activities at Nefertiti at Hvitfeldtsplatsen 6 can be found on nefertiti.se.