Region: Norway

Rules on parallel imports clarified

In the dispute between Norwegian companies Orientdeli AS and Viet Thai Mat AS over the marketing and sale of rice under the trademark ROYAL UMBRELLA, the Borgating Appellate Court has enjoined Orientdeli from importing, marketing or selling rice bearing the mark. At issue was whether the rice, which had been bought in Thailand and then shipped to Rotterdam and Oslo, had been put on the EEA/EU market.

04 September 2009

Trademark law reform in the pipeline

The Ministry of Justice has published the long-awaited Bill on the Act on the Protection of Trademarks. The bill contains various new measures, including a simpler, cheaper procedure to have trademarks cancelled on the grounds of non-use. Moreover, original products from markets outside the EEA will not be capable of being imported into Norway without the trademark owner’s consent.

24 June 2009

Restaurant can use Champagneria name, says appellate court

The Borgating Appellate Court has affirmed a decision of the Oslo District Court in a dispute between the restaurant Champagneria and two French trade organizations over the name of the restaurant. The district court had held, among other things, that Champagneria's business idea promoted champagne in Norway, instead of weakening the geographical indication 'champagne'.

17 June 2009

Infernus victorious in GORGOROTH Case

In <i>Tiegs v Visnes</i>, a dispute between the members of 'black metal' band Gorgoroth, the Oslo District Court has held that the registration for the trademark GORGOROTH was invalid on the grounds that the mark was already established by use in the market at the time of the application for registration. Among other things, the court had to determine who among the members of Gorgoroth was the proprietor of the band's name and trademark.

21 April 2009

PASCAL SØTT & SALT comes to a bitter end

In <i>Pascal AS v Søtt + Salt AS</i>, the Supreme Court has held that the trademark PASCAL SØTT & SALT (Norwegian for ‘Pascal sweet & salt’) was invalid under Section 14(6) of the Trademark Act on the grounds that there was a likelihood of confusion with the earlier registered trademark SØTT + SALT (Norwegian for ‘sweet + salt’).

18 November 2008

Use of mark on website does not necessarily constitute use in Norway

In <i>Hauge v Hansen</i>, the Oslo District Court has ordered that the trademarks L'ESPRIT D'EDVARD MUNCH and MUNCH-VIN be revoked on the grounds that they had not been in use in Norway for the past five consecutive years. Among other things, the court held that use of the marks on a website which was written in English and expressly stated that the goods could not be sold in Norway did not constitute use of the marks in that country.

20 October 2008

Restaurant wins right to use Champagneria name

The Oslo District Court has held that Oslo-based restaurant Champagneria can continue using its name, despite opposition by the Comité Interprofessionnel du Vin Champagne (an organization of winegrowers in the Champagne region) and the Institut National de l'Origine et de la Qualité. Among other things, the court found that there was no likelihood of confusion between the names Champagne and Champagneria.

24 June 2008

SAGA Case highlights importance of trademark use

In the dispute between Saga Oil ASA and StatoilHydro over the use of the name Saga, the Court of Appeal has ruled in favour of Saga Oil and ordered that StatoilHydro's SAGA marks be removed from the register. Among other things, the court held that StatoilHydro had not used the name Saga in a trademark sense.

16 May 2008

Sweet victory on appeal for PASCAL SØTT & SALT

In <i>Pascal AS v Søtt + Salt AS</i>, the Court of Appeal has held that there was no likelihood of confusion between the trademarks PASCAL SØTT & SALT (Norwegian for 'Pascal sweet & salt') and SØTT + SALT ('sweet + salt'). Among other things, the court found that SØTT + SALT was not included in its entirety in PASCAL SØTT & SALT due to the use of the symbol '+'.

02 April 2008

Court rules in favour of importer of fake handbags

The District Court of Stavanger has found in favour of the importer of 35 counterfeit Louis Vuitton and Mulberry handbags. The court held that the handbags had not been imported in the course of trade and that the allegedly infringing act thus fell outside the scope of Section 4 of the Trademark Act.

22 February 2008

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