Fagforum
  • Amund Brede Svendsen partner

    Check the court’s jurisdiction before bringing an action

    06.12.2010

    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 Nkr 750,000 and costs of Nkr 281,000. Würth appealed.

  • Jarle Roar Sæbø Partner

    Centrebet PTY Ltd sued in Norway - Supreme Court Approves

    20.10.2010

    Mr Bjarte Baasland used various internet based betting services for a number of years, and in the end he had accumulated a total loss of approximately 7,5 million Euros. Centrebet was one of two services he used the most, and in 2009 he initiated legal proceedings against the Australian company. Mr Baasland claims that he was a gaming addict and that Centrebet should have stopped his gaming and should not have enticed him to further gaming. The legal proceedings were initiated in Norway, and Centrebet asked the court for a dismissal, claiming that Norway was not an applicable legal venue. Both the City Court and the Appeal Court accepted Centrebet's argument and wanted to dismiss the case. However, the Supreme Court turned it all around, and Centrebet will now be part of legal proceedings before Norwegian courts.

  • John G. Flatabø Senioradvokat

    Agder Energiproduksjon vinner sak om avbruddsforsikring

    02.03.2010

    Grettes forsikringsavdeling v/ advokat John G. Flatabø har vunnet en prinsipiell rettssak for Agder Energi Produksjon AS (heretter AEP). Saken gjaldt en avbruddsforsikring, en forsikring som skal erstatte forsikringstakerens tap / overskudd om det inntreffer en forsikringsmessig skade. Kort forklart kan en si at avbruddsforsikringen forsikrer bunnlinjen.

  • Svein J. Ruud Johansen managing partner

    Høyesterettsdom - avhendingsloven

    17.02.2010

    Høyesterett har i en nylig avsagt dom (9. februar 2010) innskjerpet mangelsvurderingen og reklamasjonstiden i forhold til tidligere underrettspraksis.

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