Region: Norway

Appeal court finds that claim for exclusivity lacks heart

The Agder Court of Appeal has held that the combination of the Norwegian word for 'care' and a red heart to represent a business offering care services was not original enough to deserve protection. Among other things, the court found that Omsorgstjenesten AS did not have the exclusive right to use red hearts in its logo and that there was no unreasonable exploitation of its logo on the part of its competitor.

19 February 2008

Clothing and watches are not similar, says court

The Oslo Court of Appeal has issued its decision in the legal battle opposing Uranus AS, an importer of watches, and Isna, a Spanish clothing company, over the trademark MANGO. The court found that, at the time of application for registration of the mark MANGO for watches, clothing and watches were not considered to be similar.

03 December 2007

'1664.no' soon to be available for registration

Norid, the operator of the '.no' registry, has announced that starting from today it will accept applications for domain names consisting of digits only. Norid decided on the new policy due to the fact that domain names are associated more and more with company names and brands - for instance the French beer 1664.

13 June 2007

Difference in products renders FIRSTPRICE marks dissimilar

The Oslo District Court has dismissed the claims brought by the owner of the word and figurative mark FIRSTPRICE against the use by another party of a figurative mark featuring the same words. The court held that (i) there was no likelihood of confusion between the signs as they applied to very different types of goods and services, and (ii) the plaintiff's mark did not enjoy the kind of extended protection granted to well-known marks.

25 April 2007

Bad-faith test clarified by Supreme Court

The Supreme Court has issued a ruling on a case involving the use of a red and white lifebuoy as a trademark by Norwegian and Swedish insurance companies. In contrast to the Court of Appeal, the Supreme Court held that the fact that the Norwegian company was aware of the Swedish company's use of a lifebuoy as a trademark prior to the application date to register its own lifebuoy marks did not necessarily mean that it had registered those marks in bad faith.

14 December 2006

Anheuser-Busch gains upper hand in BUDWEISER battle

In a case dating back to 1986, the Norwegian Patent Office has dismissed an opposition filed by Czech brewer Budějovický Budvar NP against the registration of BUDWEISER (and device) for beer and other products by US brewer Anheuser-Busch Inc. Among other things, the Patent Office rejected the Czech brewer's argument that the mark merely indicated the place of origin of the beer, noting that the city name Budweis has not been used since 1918.

12 September 2006

Insurance companies sunk by lifebuoy logo mark ruling

In <i>Vesta Forsikring AS v Trygg Hansa AB</i>, the Borgarting Court of Appeal has ordered the cancellation of the Swedish defendant's registration of a red and white lifebuoy as a trademark for insurance services on the grounds that it was confusingly similar to the Norwegian plaintiff's own lifebuoy mark for the same type of services. However, the court also cancelled some of the plaintiff's registrations on the grounds of bad faith.

30 March 2006

'Yellow pages' Norwegian mark is distinctive, Supreme Court rules

The Norwegian Supreme Court has held that the mark GULE SIDER (meaning 'yellow pages') is valid as it had acquired sufficient distinctiveness through use at the time its application was filed Accordingly, the court found that a later user of the term '<i>gule sider</i>' for similar goods was infringing the GULE SIDER mark.

15 February 2006

Use of own family name in mark not always acceptable

In <i>Etablissement Tiffon v Braastad-Tiffon</i>, the Oslo Court of First Instance has held that the use by the defendant of his own name to market grape spirit infringed the plaintiff's earlier BRAASTAD mark for cognac. The court held that the case did not fall under the exception of Section 5(2) of the Norwegian Trademarks Act, which allows the use of a family name in a trademark.

25 November 2005

New practice for extensions to trademark registration applications

With effect from March 1 2005, the Norwegian Patent Office has changed its practice concerning extensions of time in relation to trademark registration applications. In principle, the maximum number of extensions is four and the total amount of time available for extensions must not exceed 15 months.

06 May 2005

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