Region: Norway

Public accustomed to identifying shoes or clothing based on distinctive design

The Oslo District Court has found that a figurative trademark belonging to Swedish company Tretorn was distinctive for shoes and clothing. Among other things, the court stated that the public has become accustomed to identifying a particular brand of running shoes or sports shirts based only on a distinctive pattern or design.

09 July 2014

Norwegians say yes to '.no'

Norid, the registry for ‘.no’ domain names, has announced that Norwegian individuals will be able to register ‘.no’ domain names from June 17 2014. Historically, private individuals were restricted to registering domain names under the ‘.priv.no’ domain name extension. This latest decision to allow Norwegian individuals to register ‘.no’ domain names seems to be another step by Norid to make ‘.no’ domains more widely available.

10 June 2014

Recruitment company’s logo held to infringe competitor’s trademark

In the dispute between recruitment companies Randstad Holding NV and Top Temp Holding AS, the majority of the Borgarting Court of Appeal has held that there was a risk of confusion between Top Temp’s logo and Randstad’s registered trademark, and that Top Temp should be prevented from using its logo without any additional features in any colour combination. The minority of the court found that Top Temp's logo did not infringe Randstad's mark.

28 March 2014

Leading optical company found to have registered trademark in bad faith

The District Court of Oslo has issued its decision in the dispute between Optik Smart Eyes AB and Synoptik A/S, two major players in the Nordic optical market, over the mark SMART EYES. Synoptik registered the mark in Norway after Smart Eyes had launched it in Sweden. The court thus found that the mark had been filed in bad faith under Section 16(b) of the Norwegian Trademark Act.

17 January 2014

Name of well-known children’s books character can be registered as trademark

The Board of Appeal for Industrial Property Rights has annulled a decision of the Industrial Property Office refusing to register the mark PIPPI LANGSTRØMPE (‘Pippi Longstocking’) for goods and services in Classes 9, 16, 28 and 41. Among other things, the board found no reason why Pippi Langstrømpe should be treated differently from other literary characters that had previously been registered as trademarks.

17 October 2013

Enforcement of IP rights to be more in line with IP Rights Enforcement Directive

The Norwegian laws that provide protection to recordable IP rights are to be amended in order to improve the enforcement of such rights against potential infringers. The proposal for amendments was heard by the Norwegian parliament on April 29 2013; the amendments mean that the enforcement of IP rights in Norway will be more in line with the solutions set forth in the IP Rights Enforcement Directive.

03 June 2013

Marketing Control Act may be successfully invoked in trademark-related cases

The Committee for Unfair Competition has found that the purchase and use of a competitor’s trademark as a Google AdWord constituted a breach of Section 25 of the Norwegian Marketing Control Act. According to the committee, such use of a competitor’s trademark is not in compliance with good business practice.

12 March 2013

Distinction between trademark law and unfair competition law gets even blurrier

In a case involving the famous Tripp Trapp chair, the Supreme Court has stated that use of a protected mark as an indication of commercial origin is not a prerequisite for a finding of trademark infringement. By applying Section 4 of the Trademark Act in a case where Section 30 of the Marketing Control Act may have been more appropriate, the court not only illustrated, but also reinforced, the blurry line between trademark law and unfair competition law.

24 October 2012

Book cover held to infringe trademarks protecting chocolate bar

The Borgarting Court of Appeal has issued its decision in the dispute between Kraft Foods, the owner of various trademarks protecting the well-known Norwegian chocolate bar Kvikk Lunsj, and Juritzen Forlag AS. One of the issues in this case was whether use of a specific colour combination on a book cover constituted a breach of the Norwegian Trademarks Act.

23 May 2012

'.no' registry launches major data cleansing operation

NORID, the registry responsible for ‘.no’ domain names, has launched a data cleansing operation to update the ownership details for registered domain names in line with the registration requirements for ‘.no’ domain names. NORID’s tightening-up actions seem to go against the general trend of liberalisation for ccTLDs.

16 May 2012

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