Gorgoroth::. Gorgoroth name dispute

Gorgoroth name dispute

13 September 2007
King - with the assistance of Anders Odden [- filed a trademark application to Patentstyret for the name and logo of Gorgoroth.

21 October
Infernus announced that the band had parted ways, with Infernus on one side and Gaahl and King on the other. The latter two however claimed that Infernus had been fired from Gorgoroth.
Infernus:
"I am writing to inform you about the fact that there has been taken a decision to split up the band, Infernus on one side, Gaahl [vocals] and King [bass] on the other. We cannot continue working together any longer. What is still not agreed upon is who rightfully get to keep the band's name, as it is both parts will to continue. Since this will be a question of legal affairs, I am afraid this might take time to get sorted out. I am sorry for that."
Gaahl's statement

23 October 2007
Infernus' attorney Egil Horstad of Vogt & Wiig wrote a letter to legal representatives of Gaahl and King, warning them that the trademark application made by King and Anders Odden in September 2007 was in violation of select sections of the Patentstyret Trademark Act.
http://www.gorgoroth.com.pl/english/art-23_10_2007_infernus_about_split_up

24 October 2007
http://www.gorgoroth.com.pl/english/art-24_10_2007_infernus_about_split_up

31 October 2007
Infernus released a press statement, where he revealed to the public King's trademark application from September 2007 as well as announced his next studio album Quantos Possunt ad Satanitatem Trahunt.
http://www.gorgoroth.com.pl/english/art-31_10_2007_infernus_about_split_up

13 December 2007
Regain Records declared support for Infernus.
http://www.gorgoroth.com.pl/english/art-13_12_2007_regain_records_about_split_up

19 December 2007
Gaahl and King released a press statement announcing the approval of the latter's trademark application by the First Department of the Patent Office
http://www.gorgoroth.com.pl/english/art-_19_december_2007

26 Dec. 2007
From Infernus' Gorgoroth site:
"Infernus has now chosen to present his new line-up. This new line-up consists of dedicated and serious musicians with healthy attitudes and personalities, musicians whom he has had the honour of being acquainted with for some years now. Infernus has high hopes and ambitions for his future collaboration with these musicians. Tomas Asklund (Dissection) and Frank Watkins (Obituary) should need no further introductions. The work on "Quantos Possund ad Satanitatem Trahunt" will continue according to schedule, and rehearsals will begin in Stockholm in the summer of 2008. In the pre-production stage, Infernus will enlist the help of, among others, Tormentor, who wrote the title tracks of both the "Destroyer" and "Incipit Satan" albums. As with the latest album, and the forthcoming albums, "Quantos Possund ad Satanitatem Trahunt" will be released by Regain Records.
As previously stated, the legal proceedings which have already been instituted will continue as planned. Infernus and Regain Records have decided to appeal the decision of the Norwegian Patent Office's 1st department, and this appeal will be independently handled by the 2nd department of the Patent Office. It is important to point out that as long as this matter is under appeal, the current ownership decision is not in any way final. Infernus and Regain are also ready to take the artists formerly known as "The Force Gorgoroth" to court. Seeing as how the 1st department's decision is being appealed, and that the trademark ownership is as yet unresolved, it would be prudent of 3rd parties like record labels, booking agencies and online social networking websites to wait the situation out until a final decision has been reached - this to avoid any future litigations from Infernus and Regain Records."

3–14 January 2008
King's trademark application was approved and enforced by the First Department of the Patent Office.

4 March 2008
Infernus announced that he hired an additional lawyer - Kate I Lohren of Onsagers AS - and made a non-negotiable offer to Gaahl and King with a three day deadline:
"Infernus' new lawyer, Kate I. Löhren at Onsagers AS, has today March 4th 12.00 given Gaahl and King an offer we do believe is reasonable and which we strongly recommend that they accept. The offer is not negotiable and is valid until March 7, 16.00. An update on this matter as well as some others will follow shortly"

11 March 2008
After Gaahl and King declined the offer from 4 March 2008, Infernus declared that his attorney would appeal the Norwegian Patent Office decision and "commence legal proceedings in order to have the matter handled by the courts.
"Infernus' former colleagues did not accept the offer that was made on March 4, 2008. His attorney will therefore, on March 14, 2008, appeal the Norwegian Patent Office's initial decision, and also commence legal proceedings in order to have the matter handled by the courts. If everything goes as planned the case could go before the courts in June this year. Infernus is considering not only taking the band name conflict before the courts, but also the matter of certain allegations and untruths propagated about him.
The past couple of months Infernus has been busy travelling abroad to meet with his new band members as well as a new producer, and he has also been working on the forthcoming Grieghallen live album, to be released on Regain Records. Some aspects of this live album will probably come as a surprise to both the fans and others. The material for Infernus' next Gorgoroth album, "Quantos Possund ad Satanitatem Trahunt", is finished, and what remains now is doing the arrangements and starting rehearsing the material with Asklund and Watkins. Rehearsals will begin as scheduled in May 2008 in Monolith Studio, Sweden. The aim is to record the drums in this studio in August, 2008, and then use the Laboratório 6 Studio in Brazil (Ophiolatry/Fabio Sperandio) for the recording of all guitars and bass a few months later."

July 2008
A temporary injunction by Malmo tingrett prohibited Regain Records from distributing True Norwegian Black Metal - Live in Grieghallen.

29 July 2008
Per Gyllenbäck, the label manager of Sweden's Regain Records, has released the following statement in response to the announcement that Swedish authorities have "sided" with GORGOROTH "copyright holders" Tom Cato Visnes (a.k.a. King Ov Hell; bass) and Kristian Eivind Espedal (a.k.a. Gaahl; vocals) to successfully stop Regain's distribution of the "unauthorized" GORGOROTH live album, "Live in Greighallen":
"Eventhough we think the whole matter is exaggerated and rather blown out of proportion, we feel the need to comment the situation.
"Due to legal proceedings regarding the GORGOROTH release 'True Norwegian Black Metal – Live in Grieghallen', there has been a decision made to stop all sales and marketing of this album for the duration of these legal proceedings. It is only an interemistic decision made by the court to stop all actions in regards of the album until the case is settled and there's no verdict made on the matter yet.
"The matter concerns solely Tom Cato Visnes and Kristian Espedal's discontent of the outcome of the album 'True Norwegian Black Metal – Live in Grieghallen' and the parties (Regain Records v/s Tom Cato Visnes and Kristian Espedal) do not share the same opinion therefore we have entered into a legal dispute.
"Regain Records has followed every paragraph according to the agreement between the parties involved. We will use all our efforts to protect our rights and in time a court verdict will clear up the situation."
The Gaahl-fronted version of GORGOROTH claims that Regain "broke the contracts" made with Gaahl and King by "illegally removed King's bass tracks and mix[ing] the recordings without the knowledge of Gaahl and King."

12 August 2008
Infernus issued a statement saying that the Gorgoroth trademark matter would not be decided until a verdict is made in a trial in Oslo, Norway which had yet to be announced, and that the matter of True Norwegian Black Metal - Live in Grieghallen would not be decided in another to-be-announced trial in Malmö, Sweden.
"In the past few months there have been several news stories concerning the dispute between Infernus and his former bassist and vocalist. Contrary to what the opposition might say, the trademark ownership matters are still as undecided as they were six months ago, and will not be resolved until a verdict is made in a to-be-announced trial in Oslo, Norway. Also, due to disagreements between Regain Records and the aforementioned former bassist and vocalist, a temporary injunction has been issued, suspending the distribution of the 'True Norwegian Black Metal - Live in Grieghallen' album until the matter can be handled in a trial in Malmö, Sweden.
All this has understandably led to confusion among the fans, and the focus seems to have drifted away from the musical aspects. It is therefore time to get back on track and release this little update on the progress of the next album, Quantos Possunt ad Satanitatem Trahunt:
The past few months have been spent rehearsing the new material in Tomas Asklund's Monolith Studio outside of Stockholm. A pre-recording has been made, containing drums, guitars and bass. At the moment, Infernus is working on the arrangements, with assistance from former Gorgoroth member Tormentor. When all the songs have been arranged into a satisfactory form, the drums will be recorded in Monolith Studio. Infernus will then record the guitars in the Laboratório 6 studio in Brazil, with engineering help from Fabio Zperandio (Ophiolatry), and Frank Watkins will record the bass lines. No vocalist has been added to the line-up as of the present time, but there are several strong candidates being considered by Infernus. So far, everything has gone according to schedule, and the album is tentatively scheduled for a spring/summer 2009 release by Regain Records. An autumn 2009 tour is in the planning stages."

September 2008
Infernus filed his lawsuit against King ov Hell for the latter's trademark application in September 2007, on the grounds that Infernus had established his rights to the name and logo through use before King joined the band.

1 December 2008
"Infernus filed a lawsuit against King ov Hell in September this year, on the basis of King ov Hell (the 6th bass player in Gorgoroth's history) going behind Infernus' back in September 2007, secretly applying for trademark protection of the bandname and logo of Gorgoroth, which Infernus started using in 1992. The court case has now finally been scheduled. It will take place in Oslo, Norway, in the last week of January 2009. As soon as the court has made its decision, further information will be found at this website.
It is also with great pleasure that it can be announced that Infernus' new Gorgoroth line-up has been completed. The identity of the vocalist, which may not come as a surprise to some, will be revealed in a few days. Hail Satan!"

28–30 January 2009
The trial took place in Oslo, Norway.

10 March 2009
Verdict reached on Gorgoroth trademark situation

On 10 March 2009 Oslo City District Court has delivered a verdict on the main question in the Gorgoroth trademark case, which took place at the end of January 2009. The court has decided that King ov Hell's trademark registration # 243365 of the band name Gorgoroth is NOT valid and shall therefore be deleted. The court states that King ov Hell and Gaahl excluded themselves from the band Gorgoroth when they tried to fire Infernus in October 2007. The judge came to the conclusion that it is impossible to kick out an original member even if he doesn't contribute musically or lyrically. The court further states that Infernus cannot be excluded from Gorgoroth, unless he himself decides to quit.

Infernus is very pleased, but not surprised, by this verdict. Gaahl and King confirm that parts of the verdict have been decided and went in favor of Infernus. The remaining issues concerning financial matters and such are yet to be decided upon. Because of the complexity of this case, there will be further court hearings and the final verdict will be announced within a few weeks.

"Gaahl and King wish Infernus the best of luck using the banner of GORGOROTH on his art." "[They] will still present the art they are known for creating in GORGOROTH albeit under another banner. The new name will be announced shortly."

Infernus (real name: Roger Tiegs) filed a lawsuit against King ov Hell in September 2008 claiming that King (the sixth bass player in GORGOROTH's history) went behind his back in September 2007 and secretly applied for trademark protection of the GORGOROTH bandname and logo, which Infernus had been using since 1992.

The witnesses that testified in court — besides Infernus, Gaahl and King Ov Hell themselves — during the January 28-30 trial in Oslo, Norway were as follows:

Infernus' witnesses
-Infernus
-Tormentor
-Per Gyllenbäck - founder of Regain Records
-Torgrim Oyre - former Gorgoroth bassist T-Reaper, and organiser of Hole in the Sky Festival
-Gro Narvestad - organiser of Inferno Festival
-Asbjorn Slettemark - chief editor of the Norwegian music industry magazine Faro-journalen

Gaahl/King ov Hell's witnesses
-Gaahl
-King ov Hell
-Anders Odden - touring member of Celtic Frost and office worker at Gramart, helped King with his trademark application
-Espen Solheim Rohne - founder of Indie Recordings, distribution channel of Regain Records in Norway, ostensibly signed Gaahl and King[42]
-Henk Mol - promoter from Dutch tour agency Vain Productions

In early April 2009, Infernus revealed to the public that Gaahl and King had opened a small business called "Gorgoroth DA", apparently intended to be in connection with the Gorgoroth band name, and that the business was to be ordered to be shut down. On June 2, 2009, an article in the Norwegian financial newspaper Dagens Naringsliv revealed that the remaining issues in Infernus' lawsuit had been agreed upon by the two parties, and that a settlement had been made. The details of the settlement are confidential, but Infernus commented that he was content with the outcome. In the same article, King and Gaahl's lawyer, Lars Christian Fjeldstad, confirmed that the verdict concerning the trademark registration was final - meaning it cannot be appealed - and that a settlement had been made regarding the remaining issues of the lawsuit.

Select clauses of the Patentstyret Trademark Act such § 2. and § 14. 7. were cited in Infernus' favour throughout the dispute and determined the eventually concluded illegality and invalidity of King's trademark application, which also failed to satisfy § 8.:

    § 2. The exclusive right to a trademark may also be acquired without registration when the trademark is established by use. A trademark is considered to be established by use when it is well known within the circle of trade concerned in this country as a distinctive sign for someone's goods.

    § 14. A trademark may not be registered if: 7. it is liable to be confused with a trademark which someone else has started to use before the applicant, and the applicant was aware of this use when he filed his application for registration;

    § 8. Even though a registered trademark is liable to be confused with a sign which has an earlier right, it shall be allowed to co-exist validly with the latter, provided the application for registration was filed in good faith and the holder of the earlier right has knowingly tolerated the use of the later trademark in this country for five consecutive years from the date of registration.

Attourney Egil Horstad on the legal status on the dispute
http://www.gorgoroth.com.pl/english/art-egil_horstad_about_split_up

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The latter two however claimed that Infernus had been fired from Gorgoroth. Infernus: "I am writing to inform you about the fact that there has been taken a decision to split up the band, Infernus on one side, Gaahl [vocals] and King [bass] on the other. We cannot continue working together any longer. What is still not agreed upon is who rightfully get to keep the band's name, as it is both parts will to continue. Since this will be a question of legal affairs, I am afraid this might take time to get sorted out. I am sorry for that." Gaahl's statement 23 October 2007 Infernus' attorney Egil Horstad of Vogt & Wiig wrote a letter to legal representatives of Gaahl and King, warning them that the trademark application made by King and Anders Odden in September 2007 was in violation of select sections of the Patentstyret Trademark Act. http://www.gorgoroth.com.pl/english/art-23_10_2007_infernus_about_split_up 24 October 2007 http://www.gorgoroth.com.pl/english/art-24_10_2007_infernus_about_split_up 31 October 2007 Infernus released a press statement, where he revealed to the public King's trademark application from September 2007 as well as announced his next studio album Quantos Possunt ad Satanitatem Trahunt. http://www.gorgoroth.com.pl/english/art-31_10_2007_infernus_about_split_up 13 December 2007 Regain Records declared support for Infernus. http://www.gorgoroth.com.pl/english/art-13_12_2007_regain_records_about_split_up 19 December 2007 Gaahl and King released a press statement announcing the approval of the latter's trademark application by the First Department of the Patent Office http://www.gorgoroth.com.pl/english/art-_19_december_2007 26 Dec. 2007 From Infernus' Gorgoroth site: "Infernus has now chosen to present his new line-up. This new line-up consists of dedicated and serious musicians with healthy attitudes and personalities, musicians whom he has had the honour of being acquainted with for some years now. Infernus has high hopes and ambitions for his future collaboration with these musicians. Tomas Asklund (Dissection) and Frank Watkins (Obituary) should need no further introductions. The work on "Quantos Possund ad Satanitatem Trahunt" will continue according to schedule, and rehearsals will begin in Stockholm in the summer of 2008. In the pre-production stage, Infernus will enlist the help of, among others, Tormentor, who wrote the title tracks of both the "Destroyer" and "Incipit Satan" albums. As with the latest album, and the forthcoming albums, "Quantos Possund ad Satanitatem Trahunt" will be released by Regain Records. As previously stated, the legal proceedings which have already been instituted will continue as planned. Infernus and Regain Records have decided to appeal the decision of the Norwegian Patent Office's 1st department, and this appeal will be independently handled by the 2nd department of the Patent Office. It is important to point out that as long as this matter is under appeal, the current ownership decision is not in any way final. Infernus and Regain are also ready to take the artists formerly known as "The Force Gorgoroth" to court. Seeing as how the 1st department's decision is being appealed, and that the trademark ownership is as yet unresolved, it would be prudent of 3rd parties like record labels, booking agencies and online social networking websites to wait the situation out until a final decision has been reached - this to avoid any future litigations from Infernus and Regain Records." 3–14 January 2008 King's trademark application was approved and enforced by the First Department of the Patent Office. 4 March 2008 Infernus announced that he hired an additional lawyer - Kate I Lohren of Onsagers AS - and made a non-negotiable offer to Gaahl and King with a three day deadline: "Infernus' new lawyer, Kate I. Löhren at Onsagers AS, has today March 4th 12.00 given Gaahl and King an offer we do believe is reasonable and which we strongly recommend that they accept. The offer is not negotiable and is valid until March 7, 16.00. An update on this matter as well as some others will follow shortly" 11 March 2008 After Gaahl and King declined the offer from 4 March 2008, Infernus declared that his attorney would appeal the Norwegian Patent Office decision and "commence legal proceedings in order to have the matter handled by the courts. "Infernus' former colleagues did not accept the offer that was made on March 4, 2008. His attorney will therefore, on March 14, 2008, appeal the Norwegian Patent Office's initial decision, and also commence legal proceedings in order to have the matter handled by the courts. If everything goes as planned the case could go before the courts in June this year. Infernus is considering not only taking the band name conflict before the courts, but also the matter of certain allegations and untruths propagated about him. The past couple of months Infernus has been busy travelling abroad to meet with his new band members as well as a new producer, and he has also been working on the forthcoming Grieghallen live album, to be released on Regain Records. Some aspects of this live album will probably come as a surprise to both the fans and others. The material for Infernus' next Gorgoroth album, "Quantos Possund ad Satanitatem Trahunt", is finished, and what remains now is doing the arrangements and starting rehearsing the material with Asklund and Watkins. Rehearsals will begin as scheduled in May 2008 in Monolith Studio, Sweden. The aim is to record the drums in this studio in August, 2008, and then use the Laboratório 6 Studio in Brazil (Ophiolatry/Fabio Sperandio) for the recording of all guitars and bass a few months later." July 2008 A temporary injunction by Malmo tingrett prohibited Regain Records from distributing True Norwegian Black Metal - Live in Grieghallen. 29 July 2008 Per Gyllenbäck, the label manager of Sweden's Regain Records, has released the following statement in response to the announcement that Swedish authorities have "sided" with GORGOROTH "copyright holders" Tom Cato Visnes (a.k.a. King Ov Hell; bass) and Kristian Eivind Espedal (a.k.a. Gaahl; vocals) to successfully stop Regain's distribution of the "unauthorized" GORGOROTH live album, "Live in Greighallen": "Eventhough we think the whole matter is exaggerated and rather blown out of proportion, we feel the need to comment the situation. "Due to legal proceedings regarding the GORGOROTH release 'True Norwegian Black Metal – Live in Grieghallen', there has been a decision made to stop all sales and marketing of this album for the duration of these legal proceedings. It is only an interemistic decision made by the court to stop all actions in regards of the album until the case is settled and there's no verdict made on the matter yet. "The matter concerns solely Tom Cato Visnes and Kristian Espedal's discontent of the outcome of the album 'True Norwegian Black Metal – Live in Grieghallen' and the parties (Regain Records v/s Tom Cato Visnes and Kristian Espedal) do not share the same opinion therefore we have entered into a legal dispute. "Regain Records has followed every paragraph according to the agreement between the parties involved. We will use all our efforts to protect our rights and in time a court verdict will clear up the situation." The Gaahl-fronted version of GORGOROTH claims that Regain "broke the contracts" made with Gaahl and King by "illegally removed King's bass tracks and mix[ing] the recordings without the knowledge of Gaahl and King." 12 August 2008 Infernus issued a statement saying that the Gorgoroth trademark matter would not be decided until a verdict is made in a trial in Oslo, Norway which had yet to be announced, and that the matter of True Norwegian Black Metal - Live in Grieghallen would not be decided in another to-be-announced trial in Malmö, Sweden. "In the past few months there have been several news stories concerning the dispute between Infernus and his former bassist and vocalist. Contrary to what the opposition might say, the trademark ownership matters are still as undecided as they were six months ago, and will not be resolved until a verdict is made in a to-be-announced trial in Oslo, Norway. Also, due to disagreements between Regain Records and the aforementioned former bassist and vocalist, a temporary injunction has been issued, suspending the distribution of the 'True Norwegian Black Metal - Live in Grieghallen' album until the matter can be handled in a trial in Malmö, Sweden. All this has understandably led to confusion among the fans, and the focus seems to have drifted away from the musical aspects. It is therefore time to get back on track and release this little update on the progress of the next album, Quantos Possunt ad Satanitatem Trahunt: The past few months have been spent rehearsing the new material in Tomas Asklund's Monolith Studio outside of Stockholm. A pre-recording has been made, containing drums, guitars and bass. At the moment, Infernus is working on the arrangements, with assistance from former Gorgoroth member Tormentor. When all the songs have been arranged into a satisfactory form, the drums will be recorded in Monolith Studio. Infernus will then record the guitars in the Laboratório 6 studio in Brazil, with engineering help from Fabio Zperandio (Ophiolatry), and Frank Watkins will record the bass lines. No vocalist has been added to the line-up as of the present time, but there are several strong candidates being considered by Infernus. So far, everything has gone according to schedule, and the album is tentatively scheduled for a spring/summer 2009 release by Regain Records. An autumn 2009 tour is in the planning stages." September 2008 Infernus filed his lawsuit against King ov Hell for the latter's trademark application in September 2007, on the grounds that Infernus had established his rights to the name and logo through use before King joined the band. 1 December 2008 "Infernus filed a lawsuit against King ov Hell in September this year, on the basis of King ov Hell (the 6th bass player in Gorgoroth's history) going behind Infernus' back in September 2007, secretly applying for trademark protection of the bandname and logo of Gorgoroth, which Infernus started using in 1992. The court case has now finally been scheduled. It will take place in Oslo, Norway, in the last week of January 2009. As soon as the court has made its decision, further information will be found at this website. It is also with great pleasure that it can be announced that Infernus' new Gorgoroth line-up has been completed. The identity of the vocalist, which may not come as a surprise to some, will be revealed in a few days. Hail Satan!" 28–30 January 2009 The trial took place in Oslo, Norway. 10 March 2009 Verdict reached on Gorgoroth trademark situation On 10 March 2009 Oslo City District Court has delivered a verdict on the main question in the Gorgoroth trademark case, which took place at the end of January 2009. The court has decided that King ov Hell's trademark registration # 243365 of the band name Gorgoroth is NOT valid and shall therefore be deleted. The court states that King ov Hell and Gaahl excluded themselves from the band Gorgoroth when they tried to fire Infernus in October 2007. The judge came to the conclusion that it is impossible to kick out an original member even if he doesn't contribute musically or lyrically. The court further states that Infernus cannot be excluded from Gorgoroth, unless he himself decides to quit. Infernus is very pleased, but not surprised, by this verdict. Gaahl and King confirm that parts of the verdict have been decided and went in favor of Infernus. The remaining issues concerning financial matters and such are yet to be decided upon. Because of the complexity of this case, there will be further court hearings and the final verdict will be announced within a few weeks. "Gaahl and King wish Infernus the best of luck using the banner of GORGOROTH on his art." "[They] will still present the art they are known for creating in GORGOROTH albeit under another banner. The new name will be announced shortly." Infernus (real name: Roger Tiegs) filed a lawsuit against King ov Hell in September 2008 claiming that King (the sixth bass player in GORGOROTH's history) went behind his back in September 2007 and secretly applied for trademark protection of the GORGOROTH bandname and logo, which Infernus had been using since 1992. The witnesses that testified in court — besides Infernus, Gaahl and King Ov Hell themselves — during the January 28-30 trial in Oslo, Norway were as follows: Infernus' witnesses -Infernus -Tormentor -Per Gyllenbäck - founder of Regain Records -Torgrim Oyre - former Gorgoroth bassist T-Reaper, and organiser of Hole in the Sky Festival -Gro Narvestad - organiser of Inferno Festival -Asbjorn Slettemark - chief editor of the Norwegian music industry magazine Faro-journalen Gaahl/King ov Hell's witnesses -Gaahl -King ov Hell -Anders Odden - touring member of Celtic Frost and office worker at Gramart, helped King with his trademark application -Espen Solheim Rohne - founder of Indie Recordings, distribution channel of Regain Records in Norway, ostensibly signed Gaahl and King[42] -Henk Mol - promoter from Dutch tour agency Vain Productions In early April 2009, Infernus revealed to the public that Gaahl and King had opened a small business called "Gorgoroth DA", apparently intended to be in connection with the Gorgoroth band name, and that the business was to be ordered to be shut down. On June 2, 2009, an article in the Norwegian financial newspaper Dagens Naringsliv revealed that the remaining issues in Infernus' lawsuit had been agreed upon by the two parties, and that a settlement had been made. The details of the settlement are confidential, but Infernus commented that he was content with the outcome. In the same article, King and Gaahl's lawyer, Lars Christian Fjeldstad, confirmed that the verdict concerning the trademark registration was final - meaning it cannot be appealed - and that a settlement had been made regarding the remaining issues of the lawsuit. Select clauses of the Patentstyret Trademark Act such § 2. and § 14. 7. were cited in Infernus' favour throughout the dispute and determined the eventually concluded illegality and invalidity of King's trademark application, which also failed to satisfy § 8.: § 2. The exclusive right to a trademark may also be acquired without registration when the trademark is established by use. A trademark is considered to be established by use when it is well known within the circle of trade concerned in this country as a distinctive sign for someone's goods. § 14. A trademark may not be registered if: 7. it is liable to be confused with a trademark which someone else has started to use before the applicant, and the applicant was aware of this use when he filed his application for registration; § 8. Even though a registered trademark is liable to be confused with a sign which has an earlier right, it shall be allowed to co-exist validly with the latter, provided the application for registration was filed in good faith and the holder of the earlier right has knowingly tolerated the use of the later trademark in this country for five consecutive years from the date of registration. Attourney Egil Horstad on the legal status on the dispute http://www.gorgoroth.com.pl/english/art-egil_horstad_about_split_up gvdf Comments: No comments. Your may be first! Only registered users can write comments.	Language Polski Panel Login: Password: Register Poll Are you satisfied with the Gorgoroth logo verdict? Yes, Infernus is creator and leader of Gorgoroth No, only King and Gaahl were working for last years No, Infernus, King and Gaahl should stay together I don't care about it Results Friends Would you like to exchange? Write!
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