Compensation for BMW in mobile phone logo infringement case

Norway

In Bayerische Motoren Werke AG v Cellus Norge AS, the Oslo City Court has ruled that the defendant's sale of logos and wallpapers for mobile phones that included the plaintiff's famous BMW logo infringed the plaintiff's trademark rights.

Cellus Norge AS markets and sells, among other things, logos, ringtones and wallpapers for mobile phones. Bayerische Motoren Werke AG (BMW) took issue with the fact that Cellus's collection included logos and wallpapers featuring its BMW logo. It brought a lawsuit against Cellus after several attempts to reach an amicable settlement had failed. BMW argued that Cellus was infringing its trademark rights and it claimed a minimum of Nkr40,000 in compensation.

Cellus did not defend the infringement claim, and the Oslo City Court found that its marketing and sale of BMW logos and wallpapers was an infringement of BMW's trademark rights. Cellus did, however, respond to BMW's claim for compensation. It pointed out that the turnover it received from the logos in suit was approximately Nkr6,000. Cellus was however willing to pay Nkr20,000 provided that such a payment led to an acquittal.

The court accepted Cellus's proposal and both parties were required to bear their own legal expenses.

It should be noted that the judgment is not legally binding.

Felix Reimers, Advokatfirmaet Grette DA, Oslo

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