Region: Norway

Review advises against use of trademarks as security deposits

A new review commissioned by the Royal Norwegian Ministry of Justice has considered the issue of using IP rights as security deposits. According to the review, the Norwegian legislature should not allow the creation of separate security interests in unregistered trademarks. The review also stated that using registered trademarks as security creates less certainty and predictability than, for example, patents.

05 March 2012

Proposed amendments seek to strengthen enforcement of IP rights

In an effort to further encourage commercial activities based on IP rights, the Ministry of Justice has issued a proposal which aims to strengthen the enforcement of industrial property rights in Norway, and would imply a substantial degree of harmonisation between the Norwegian legislation and the EU IP Rights Enforcement Directive. The most fundamental amendment under the proposal relates to the calculation of damages.

15 December 2011

Alcohol brand owners might be allowed to advertise on Norwegian TV

Norway is on the verge of involuntarily allowing the advertising of alcoholic beverages on television, contrary to the country’s strict alcohol policy. This change, which may take place as a result of pressure from the EU Commission, would have a significant impact for owners of alcohol brands.

19 October 2011

Report considers need for new TLDs with national significance

A working group chaired by the Norwegian Post and Telecommunications Authority has submitted a report to the minister of transport and communication on the need for new TLDs with national significance, such as ‘.oslo’ or ‘.bergen’. The working group believes that, if Norway is to introduce new TLDs, these should be governed by both Norwegian law and ICANN’s policies.

12 April 2011

Court pours cold water on bottle infringement claims

In a dispute involving two brands of bottled water, the Gjovik District Court has held that Water of Norway AS had not unreasonably exploited Ringnes AS's efforts under the Marketing Control Act. The decision demonstrates that businesses that invest in the development of trade dress for their products should register it as a trademark or design, rather than simply relying on unfair competition laws.

22 November 2010

Supreme Court rules on priority date of corporate name after reorganisation

The Norwegian Supreme Court has passed judgment in a case involving the corporate name Canvas AS and the trademark KANVAS, both used in connection with furniture. The court upheld the decision of the Patent and Trademark Office to delete Canvas AS' corporate name registration, finding that the name had lost its priority following a corporate reorganisation.

25 October 2010

Dental practice logo held to be confusingly similar to Red Cross emblem

In <i>Røde Kors v AAAA Tøyen Tannlegevakt AS</i>, the Supreme Court has held that the logo of AAAA Tøyen Tannlegevakt AS, a dental practice, could easily be confused with the emblem of the Norwegian Red Cross, in violation of Section 328(2)(c) of the General Civil Penal Code. It is the first time that the court has considered this provision.

05 July 2010

Trademark law reform enacted

The Norwegian Parliament has passed the bill on the new Trademarks Act. One of main novelties is the introduction of a procedure for the administrative re-examination of registered trademarks. It is hoped that the procedure will represent a cheaper and simpler way of invalidating marks. The act will enter into force no later than July 1 2010.

08 April 2010

Relationship between trademarks and first names explored

The District Court of Oslo has issued its decision in a dispute between Sildakongen Produksjon AS and Arvid Otto Mørch, also known as Sildakongen, over the rights to the trademark SILDAKONGEN ('herring king'). Among other things, the court found that although Mørch was known under the name Sildakongen, he had not established trademark rights in that name under Section 2 of the Trademark Act.

09 March 2010

Parallel import of Abercrombie & Fitch goods enjoined by court

The Asker and Bærum District Court has enjoined Only the Brave Industri AS, OTB TAG AS and Geogra Phic AS from importing and selling Abercrombie & Fitch goods in Norway. The decision is interesting in that it follows the approach taken by the EFTA Court in <i>Redken</i> with regard to parallel imports.

18 November 2009

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