Legal Matters

  • Legal evaluation
  • Oppositions
  • Agreements
  • Domain names
  • Lawsuits
  • Customs seizure
 
 
Legal evaluation
 
We provide all kind of legal evaluation when concerning IP-rights. This includes matters such as filing strategies, infringement issues, analysis concerning designs, copyright and the Marketing Practise Act, the latter in regard to particularly misuse of trademarks in comparative advertisements or protection of the design of well known products which are not formally protected through any IP-rights. 
 
 
Oppositions
 
We are actively involved in opposition matters regarding particularly Sweden and Community trademarks. We both file oppositions on behalf of our clients as well as defend clients whose applications have been subject to oppositions. We always provide a thorough evaluation of the client’s chances of success prior to initiating any action as well as provide a cost estimate if so requested by the client. 
 
 
Agreements
 
Our primary focus when concerning agreements concerns royalty agreements, license agreements, purchase agreements, coexistence agreement and various collaboration agreements in regard to IP-rights. We draft agreements from scratch as well as analyse and provide comments on agreement drafts provided by the counter party to the agreement. 
 
 
Domain names
 
The .se domain is available for anyone without any questions being asked as to the authority to register a particular domain name. This of course means that the question of unrightful domain name registrations frequently occurs. It is possible for a trademark owner or a company name owner to challenge the validity of a .se domain name either through an action with a District Court or through an ADR-proceeding with the authority responsible for such matters. In case the matter only concerns the domain name as such, we usually recommend our clients to use the ADR-proceedings as these proceedings are considerably quicker and more cost efficient compared to a traditional lawsuit. If however the matter also involves illegitimate use of a domain name and for instance claims for damages are to be considered, then it would be worthwhile considering a traditional lawsuit in which the matter of the domain name registration is one of the claims made by the plaintiff. Other related matters concern unrightful use of trademarks or company names on the internet through sponsored links and meta tags. We provide all relevant legal services in regard to domain names and internet related issues. 
 
 
Lawsuits
 
Apart from the above mentioned domain name issues, other common areas in which lawsuits are either filed or refuted concerns IP-infringement relating to patents, trademarks and design. Also regarding unregistered IP legal action may be considered, something which normally is decided through the Marketing Practise Act. Another frequent occurrence is challenging the validity of trademark registrations based on non-use of the mark within the last five year period. It thus be pointed out that in Sweden, the losing party in a civil lawsuit has to bear the legal fees for the winning party so consequently the litigation costs can be substantial in case a lawsuit matter is lost. We provide the full spectrum of legal evaluation and actions in regard to IP-related lawsuits.    
 
 
Customs seizure
 
The Swedish Customs Department makes a number of ex officio seizures of shipments entering Sweden which, for various reasons, appear to be questionable. As soon as the Customs Department discover goods which appear to be counterfeit, the Customs Department investigate which representative is recorded in connection with the trademark involved. The representative is thereafter notified of the shipment and has an opportunity to discuss the matter with the trademark owner or IP-right owner as to whether the shipment is to be detained at the Customs Department or not. In order for an IP owner to request detainment, the IP owner must have an application filed and approved by the Customs Department first. Normally when we are involved in customs seizures we try to convince the importer of the shipment to voluntarily agree to destruction of the shipment but if such voluntarily compliance is not achieved there is no other option but to file a lawsuit requesting destruction of the shipment as the shipment otherwise will proceed to the importer. We provide all kinds of legal services in relation to customs seizures.

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