NORWAY Trends and Developments Contributed by: Camilla Vislie, Magnus Hauge Greaker, Julie Rasmussen Solli and Amalie Hauge Pedersen, Advokatfirmaet Thommessen AS
Advokatfirmaet Thommessen AS Ruseløkkveien 38 0251 Oslo Norway Tel: +47 23 11 11 11 Web: www.thommessen.no/en
Trade Marks The “Stratos v Freia Boble” case (TOSL- 2023-186489) Introduction In the past year, colour trade marks have become a key topic within Norwegian trade mark law, leading to a debate about their protection and significance. The “Stratos v Freia Boble” case has tested the limits of colour mark protection, both in terms of trade mark law and the general principle of good business practice among trad - ers. The increased attention on colour trade marks can be traced back to Oslo District Court’s decision of 7 June 2024. The primary issue was whether the blue colour “Pantone 2144 C” had acquired protection under the Norwegian Trade Mark Act and/or the Norwegian Marketing Con - trol Act as an indicator of origin for porous milk chocolate from Orkla Confectionery & Snacks Norge AS, named “Stratos”. Additionally, the issue before the court was whether Mondelez Norge AS’ use of the blue colour “Pantone 2145 C” on the packaging of its porous milk chocolate named “Freia Boble” infringed upon this protec - tion. The District Court concluded that Pantone 2144 C had been established as a trade mark for porous milk chocolate throughout the use across Norway. Furthermore, it determined that the design of the Freia Boble packaging both infringed upon Orkla’s trade mark rights and vio -
lated the principle of good business practices among traders. The dispute arose between Orkla, a leading Nor - wegian consumer goods company known for its Stratos porous milk chocolate brand, and Mon - delez, the multinational snack and confection - ery corporation that distributes the well-known Norwegian chocolate brand Freia. Pantone 2144 C A and similar shades of blue had been used in advertisements and as a part of the packag - ing for Stratos since 1982. Over the years, Mon - delez has intermittently launched porous milk chocolate in the Norwegian market. The conflict emerged when Freia introduced its latest porous milk chocolate, Freia Boble, which featured a shade of blue resembling “Stratos blue” on parts of its packaging. Orkla applied to register Pantone 2144 C as a colour mark in class 30 for chocolate on 13 October 2021, however, the Norwegian Indus - trial Property Office (NIPO) rejected the applica - tion. Orkla appealed NIPO’s decision to the Nor - wegian Board of Appeal for Industrial Property Rights, but the appeal was dismissed. Orkla has established exclusive rights to use Pantone 2144 C for porous milk chocolate Under Norwegian law, a trade mark right is con - sidered established through use when the trade
400 CHAMBERS.COM
Powered by FlippingBook