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TRANSCRIPT
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Presentation at Sigma Designs25 April 2017
Knud WallbergLL.M, PhDCentre for Information and Innovation [email protected]
The Saga of Vikings and Trademarks
Before the Vikings
• Branding is an old exercise dating back to the first events of mass production and sale of goods in ancient Greece and Rome
• The trade marks served as indicators of commercial origin of the good: “I am the producer of this good; I am proud of it and I want customers to be able to identify me so they can return to me (and not to my competitors) when they are in need of a new specimen.”
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The Viking Age and the Vikings
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“The Viking Age is the period from the late 8th century to the mid-11th century in European history, especially Northern European and Scandinavian history, following the Germanic Iron Age.[1] It is the period of history when Scandinavian Norsemen explored Europe by its seas and rivers for trade, raids, colonisation and conquest.” -https://en.wikipedia.org/wiki/Viking_Age
Trademarks in (and around) the Viking Age
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“Ulfberht was like a Medieval luxury brand for swords”
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Trademark Laws in (and around) the Viking Age• The Vikings did have some rules relating to both use
and misuse of trade marks. • Magnus Lagabøtes Landslov (Magnus
Lawmakers Law) from 1274 AD:• Section III, chapter 11: “And every shield maker shall
put his mark as decided by the city council on those shields that he makes, so that you can tell who made it, and whether poor workmanship has been performed”
• Section VII, Chapter 10 states inter alia that: “no one shall sell to another defective or counterfeit (goods)”
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Trademark Laws in (and around) the Viking Age• In the later, medieval editions of this provision, it is
further clarified that one example of a defective or counterfeit good is if a specific good is sold using the stamp of somebody else.
• Furthermore, the law stated that the consequence of selling defective or counterfeit products was that • the deal was considered as annulled• the buyer should have his money back and • a fine of 8 ounces and 13 marks of silver should be paid to the
king.
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Present-day use of the name Viking and other names and symbols from the Viking age as trade marks
VIKING
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Which words comes into your mind when you are faced with trademarks like: ?
Present-day use of the name Viking and other names and symbols from the Viking age as trade marks • The name Viking itself: • My search in (almost) global trademark databases
revealed just about 4000 Viking registrations. • These registrations cover a wide range of goods and services,
such as • software• maritime equipment• clothing• foodstuffs• financial services• travel services• entertainment.
• The marks are registered by persons and entities of various nationalities, not only Scandinavian.
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Contemporary use of Viking symbols and Viking related symbols
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Vikings and tech
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“Bluetooth started as the code name for the association when it was first formed and the name stuck. The name ‘Bluetooth’ is from the 10th century Danish King Harald Blåtand—or Harold Bluetooth in English. King Blåtand was instrumental in uniting warring fractions in parts of what are now Norway, Sweden, and Denmark—just as Bluetooth technology is designed to allow collaboration between differing industries such as the computing, mobile phone, and automotive markets.”
The name Bluetooth is officially adopted in 1998
“Bluetooth started as the code name for the association when it was first formed and the name stuck. The name ‘Bluetooth’ is from the 10th century Danish King Harald Blåtand—or Harold Bluetooth in English. King Blåtand was instrumental in uniting warring fractions in parts of what are now Norway, Sweden, and Denmark—just as Bluetooth technology is designed to allow collaboration between differing industries such as the computing, mobile phone, and automotive markets.”
The name Bluetooth is officially adopted in 1998
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Some conclusive thoughts
• Some things have not changed!
• Although trademark law has of course developed it still basically protects the commercial origin of goods and services and provides protection against 3rd
parties copying of the brand! • Ancient symbols are strong trademarks today!
NIKE, SIGMA, VIKING, ……. • aka the saga will continue
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