Friday, December 16, 2016

The river won out in the “potato chips-case” – E24

potato chips, potato chips, potato chips.

Friday fell the judgment in the much discussed so-called “potato chips-case”, and the court decided that the appeal of the district court’s judgment must be rejected.

Orkla Confectionary & Snacks can thus use the term “potato chips” in their marketing without infringing the rights of Maarud.

Maarud and Estralla Brands must in addition pay the 806.596 dollars and fifty cents in legal fees to the bank of the River.

the Background for the battle is a trademark registration Estrella Maarud Brands were granted in 2010. Trademark was “potato chips” and applied for “snack products based on potatoes”.

the River wanted to use the word “crisps” on their snack products based on potatoes, and took the case to court.

Goes further than the district court

In the judgment from Oslo city court from 30. last september says that varemerkeregistreringen is invalid. Orklas claims about a so-called fastsettelsesdom for the use of the term was, however, rejected.

In a ruling from the our rejected the Borgarting a temporary injunction after a petition from Maarud, and the same did the Supreme court. Today dropped the final verdict:

“appellate Court, like the district court determined that the registration of the trademark potato chips in 2010, are invalid, and that Maaruds the appeal must be rejected,” writes the court of appeal.

the Case continues below the video window …

They go even further than the Oslo city court.

“In contrast to the district court is, however, the court of appeal concluded that the River have a legal interest in the to get fastsettelsesdom on the right to use the term potato chips in their marketing, and that the claim is sufficiently clarified. Maarud need to replace Orklas legal fees for the court of appeal. The matter has not been questionable.”

the appellate Court believes that consumers, when the brand was registered, perceived the term “crisps” as a generic designation. This view is based on market research and extensive use in various forms of literature and public documents.

the River-cheers

the Outcome is awesome for us. We have been fully supported in all of our requirements, and the right supports all of our documentation, ” says communications director Robert Rønning in Orkla Confectionary & Snacks to E24.

He believes that it is unnatural for the River to speak a language other than consumers.

– People talking about potato chips, and it is the most common terminology. Now turn the court of appeal stated that the word can be used by all.

the River awaiting the verdict becomes legally valid and bedyrer that they do not have any concrete plans for widespread use of the word, but it will be in ads and on products going forward.

– It is very important to clarify that this is a common word, and not Maaruds trademark. The judgment is very thorough, and we are very happy. It is the fourth case we’ll succeed in, and a signal that the courts agree with us, ” says Rønning.

Disappointment at Maarud

Managing director Chris Samways in Maarud had just received the ruling, then E24 talked with him.

I have not had time to put me properly into the details yet, but what I can say is that this is a disappointing day for Maarud. We were not heard. It is also not a good day for the Norwegian trademark owners, ” he says.

Maarud will now spend some time before deciding what to do next and whether an appeal to the Supreme court is applicable, says Samways.

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