Norway

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10 Feb 2020

Supreme Court affirms transfer of ‘appear.in’ is reasonable remedy for infringement

The Norwegian Supreme Court has upheld a decision ordering the transfer of the domain name ‘appear.in’ on the grounds that its use constitutes infringement of the Norwegian trademark APPEAR TV. Read more

12 Dec 2019

Litigation procedures and strategies: Norway

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1 Aug 2019

Fjällräven’s G 1000 mark cancelled for goods in Class 25

In a decision that deviates from existing case law and administrative practice, the Oslo District Court has cancelled Fjällräven’s registered trademark G 1000 for goods in Class 25, holding that the mark was not used to communicate the commercial origin of the goods. Read more

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Anti-counterfeiting

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14 Dec 2018

Brands in the Nordics embrace change as filings remain steady: exclusive data analysis 

In our latest data report, we look at Sweden, Norway, Denmark and Finland, and reveal how the leading brands in each country are having to adapt their business tactics to maintain a competitive edge in a changing market. Read more

12 Oct 2018

Coca-Cola dispute sparks censorship debate, Alfred Dunhill scores big in China, and Belt and Road IP cooperation: news round-up

In our latest round-up, we look at how brands should share bad news, why Chinese companies have been accused of “poor branding”, Silk Road member states strengthening IP cooperation, and more. Read more

Enforcement and litigation

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10 Feb 2020

Supreme Court affirms transfer of ‘appear.in’ is reasonable remedy for infringement

The Norwegian Supreme Court has upheld a decision ordering the transfer of the domain name ‘appear.in’ on the grounds that its use constitutes infringement of the Norwegian trademark APPEAR TV. Read more

12 Dec 2019

Litigation procedures and strategies: Norway

Read more

1 Aug 2019

Fjällräven’s G 1000 mark cancelled for goods in Class 25

In a decision that deviates from existing case law and administrative practice, the Oslo District Court has cancelled Fjällräven’s registered trademark G 1000 for goods in Class 25, holding that the mark was not used to communicate the commercial origin of the goods. Read more

28 Jan 2019

Litigation procedures and strategies: Norway

While the bar is set quite high for evidencing use-acquired trademark rights, owners of unregistered trademark rights are afforded the same courses of action as proprietors holding registration certificates from the NIPO. Read more

Goverment/policy

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14 Nov 2018

Should government act as defendant when private party appeals decision to cancel mark?

According to a proposal made by Norway’s Department of Justice in the context of the implementation of Directive 2017/2436, the government would no longer act as the counterparty when a decision to cancel a trademark is appealed to the district court. Read more

17 Apr 2018

WHOIS access charges, NGOs take aim at watch list plans and INTA applauds ‘Brand India’: news round-up

In our latest round-up, we look at a registry’s plans to charge trademark owners for access to WHOIS data and  the war of words over plans for an IP markets watch list. Read more

Online

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29 Sep 2017

Oslo District Court invalidates registration of APPEAR

The Oslo District Court recently dismissed an infringement suit against the domain names ‘appear.in’ and ‘appear.no’ on the basis that the word mark APPEAR is non-distinctive and descriptive for telecommunication goods and services. However, the court upheld the registration for the combined mark APPEAR TV. Read more

Portfolio management

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11 Dec 2017

Protecting and enforcing design rights: Norway

The following national legislation is relevant for design protection: the Designs Act 2003; the Designs Regulations 2003; the Marketing Control Act 2009; the Copyright Act 1961; the Trademark Act 2010; and the Patent Act 1967. Read more

29 Sep 2017

Oslo District Court invalidates registration of APPEAR

The Oslo District Court recently dismissed an infringement suit against the domain names ‘appear.in’ and ‘appear.no’ on the basis that the word mark APPEAR is non-distinctive and descriptive for telecommunication goods and services. However, the court upheld the registration for the combined mark APPEAR TV. Read more

28 Feb 2017

Supreme Court invalidates registration for ROUTE 66

The Supreme Court has found that the registration of the mark ROUTE 66 for certain tourism-related goods and services was invalid. Among other things, the court found that the average Norwegian consumer would perceive ROUTE 66 as a geographical place. The fact that this road stretch had lost its formal status as part of the US highway system did not imply that it could no longer be considered as a geographical place. Read more

Trademark law

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28 Jan 2019

Litigation procedures and strategies: Norway

While the bar is set quite high for evidencing use-acquired trademark rights, owners of unregistered trademark rights are afforded the same courses of action as proprietors holding registration certificates from the NIPO. Read more

9 May 2018

No trademark use? Shipment of Apple iPhone screens with obscured logos found not infringing

A Norwegian court has issued a surprising decision regarding what constitutes ‘trademark use’ in a case involving a shipment of Apple iPhone screens that had their trademarks temporarily covered. Read more

13 Mar 2018

Procedures and strategies for pharmaceutical brands: Norway

Developing and protecting new pharmaceutical product names in Norway is a complex task, requiring experience and know-how at all stages of the process. This chapter outlines key issues to be considered when choosing a new pharmaceutical trademark in Norway. Read more

26 Feb 2018

Supreme Court: risk of damage to one of trademark's functions is sufficient to constitute infringement

The Supreme Court has considered whether use of a former supplier's mark on the packaging of the new supplier’s products constituted infringement.  Read more

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Bart A Lazar
Partner
Chicago IL, United States
Seyfarth Shaw LLP