NORWAY Law and Practice Contributed by: Camilla Vislie, Magnus Hauge Greaker, Julie Rasmussen Solli and Amalie Hauge Pedersen, Advokatfirmaet Thommessen AS
able claims are the same regardless of whether the mark is registered or not. Copyrights are not registerable in Norway. Trade mark infringement occurs when a third party uses an identical or similar mark in relation to identical or similar goods or services, causing a likelihood of confusion. To make a successful claim, the trade mark owner must prove own - ership of a valid mark, likelihood of confusion, and unauthorised use. Dilution of the trade mark is not in itself enough to pursue infringement, unless the use also fulfils the standard condi - tions for infringement. A trade mark owner may pursue cybersquatting with a complaint to the Norwegian Domain Complaints Board ( Dome- neklagenemnda ), claiming transfer or deletion. Copyright infringement involves the unauthorised use of copyrighted works, including reproduc - tion, distribution, or public performance without permission. To establish a successful claim, the copyright owner must prove ownership of a valid copyright, copying of the protected work, and substantial similarity between the original work and the alleged infringing work. Other copyright claims may encompass violations of moral rights and neighbouring rights. There is no definition of copyright management information under Norwegian law. Without the copyright holder’s consent, it is prohibited to: • remove or alter electronic copyright manage - ment information added by the copyright holder to a protected work, whether included in a copy or associated with making the work available to the public; or • to introduce a copy for distribution, trade, or otherwise make a protected work available to the public where electronic copyright man -
agement information has been removed or altered. These actions are only prohibited if they induce, enable, facilitate, or conceal copyright infringe - ment. 7.3 Factors in Determining Infringement See 7.2 Legal Claims for Infringement Lawsuits and Their Standards regarding the factors that must be considered when determining whether the use of trade mark or copyright constitutes infringement. 7.4 Prerequisites and Restrictions to Filing a Lawsuit There are no prerequisites that need to be under - taken before bringing an infringement action before Norwegian courts. However, it is cus - tomary to issue a warning letter to the person(s) or legal entity against whom action may be brought, with information about the claim and The first instance in most trade mark or copy - right cases (eg, all cases related to infringement) is the Oslo District Court. The district court’s judgment may be appealed to the Borgarting Court of Appeal and after that, possibly, to the Supreme Court. the grounds for the claim. 7.5 Lawsuit Procedure The costs incurred before filing a trade mark or copyright lawsuit can vary greatly depend - ing on the scope and complexity of the case, but will normally be in the range of EUR2,000 to EUR10,000. The parties may choose to be represented by a lawyer, or they can represent themselves. The latter is, however, unusual.
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