Check the court's jurisdiction before bringing an action

Picking the correct court to handle a case first time can save time and money. Norwegian company Marin Alpin AS sued Swiss company Würth International AG in the district court where it had its main offices for alleged violation of the unfair competition rules set out in the Marketing Control Act. Marin claimed that Würth was liable for damages after copying a sports jacket. The disputed jackets had been distributed internally in the Würth group in some European countries, but not in Norway. Marin contended that Würth was liable for product imitation under Sections 8(a) and 1 of the Marketing Control Act. Since the jackets had not been distributed in Norway, the issue of jurisdiction came into play. The district court found that it had jurisdiction and ruled in favour of Marin, which was awarded damages of Nkr750,000 and costs of Nkr281,000. Würth appealed.

Read the article in IAM Magazine here