Five notes from MARQUES Day 1

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Five notes from MARQUES Day 1

The Annual MARQUES Conference is breaking records and tackling digital technology in Copenhagen, Denmark. Here are five highlights from the first 24 hours

Lucky number

marques1.jpg

There are a record 777 people registered for this year’s MARQUES Conference. This represents a riposte from northern Europe to those who predicted that the Danish capital could not compete with sunny, exotic Monte Carlo where last year’s conference was held. That had just 720 registrations.

The last time MARQUES was held in Copenhagen, incidentally, was in 1993, when less than 300 people attended. A handful of this year’s attendees were also here back then: a highlight, apparently, was the Carlsberg brewery tour.



Opera open house

The opening reception consisted of a boat tour to see Copenhagen’s architectural highlights, followed by a reception at the Opera House. One of the bits of trivia conveyed by the boat guides was that the building’s architect, Henning Larsen, wasn’t happy with the finished product and refused to attend the opening. Cue discussions among lawyers attending about copyright and moral rights.

Disappointingly, a CTM application for Operaen København, filed in 2003, was withdrawn in 2005.



The power of parody

marques-game.jpg

Today’s first session featured a debate between representatives of Google, Nestlé and King.com (maker of Candy Crush) on online enforcement and when to take action. It’s a highly topical issue given the recent Vlaams Belang copyright ruling from the CJEU and the fact that parody is set to be mentioned as a defence to trade mark infringement in EU law.

The panel discussed various real examples of cases that tread the line between parody and brand abuse, including a video titled “Psychos around the world are counting on Scotch Blue”, a picture of Adolf Hitler drinking coffee and a social media user who calls herself “Purina”.

Refreshingly, the panel did not always agree on when it was appropriate to take action. But there was consensus that it can be better to use online forms provided by platforms, rather than going straight in with a legal letter, and that platforms will generally follow the law in the countries where they operate (if only because their employees can be threatened with jail if they don’t).



Disharmony in Europe

It’s an old story on this blog that EU member states lack harmonisation. A new perspective on this emerged today in a panel discussion on trade marks and unfair competition law. Given that unfair competition laws in the EU are diverse and likely to remain so, what are your best chances of enforcement?

Gregor Vos from the Netherlands argued that copyright may be your best friend, though others in the room were sceptical about this. The German participants in particular preferred to stick to unfair competition remedies. This is an argument that will run and run.



marques2.jpg Eat my brand

The theme of this year’s conference is Traditional Brands in a Digital Market and inevitably there is a lot of discussion about social media: the best place to keep up to date is, inevitably, twitter – and the hashtag is #marques2014. The host hotel, meanwhile, was going for more traditional branding on its white chocolate cheesecake (see right).

more from across site and SHARED ros bottom lb

More from across our site

The move marks the latest step in Temu’s push to protect brands’ intellectual property by collaborating with industry groups and enforcement agencies. Managing IP learns about a rapidly scaling strategy and two success stories
A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Law firms need to accept the hard truth: talent migration isn't personal; it's business as usual
Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Abbott winning another round against Sinocare and Menarini, and 'long arm' clarification on the UK's position within the UPC, were also among major developments
Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Gift this article