Category: Uncategorized

Recently, the Swedish Patent and Market Court of Appeal issued a judgment in case PMT 14821-21. The case concerns a mobile operator’s marketing that included claims such as “Sweden’s best mobile network” and “Sweden’s best mobile network according to the Swedish people”. The claims communicated were based on technical quality tests and a consumer survey. Following an action brought by a competitor, both the Patent and Market Court and the Patent and Market Court of Appeal assessed whether the marketing was misleading.

On appeal, the Patent and Market Court of Appeal (PMCA) reached a different conclusion than the Patent and Market Court. The courts’ assessment has concerned claims such as “Sweden’s best mobile network” and that the mobile network has been awarded “best in test”. The court has also examined whether the claim “Sweden’s best mobile network according to the Swedish people” and similar claims with reference to consumer surveys were misleading. The PMCA stated that it is permissible to use the results of tests and surveys in marketing, as long as they meet the requirements of reliability and are not used in a misleading manner. The technical quality tests in the case met the requirements for use in marketing. However, the marketing must clearly refer to those tests. Without a sufficiently clear reference, it may be misleading. Additionally, the PMCA found that reference to the mobile operator’s consumer surveys in marketing was misleading and, therefore, not permitted.

Since the mobile operator was successful regarding the vast majority of the case after the appeal, the PMCA reallocated the costs of the proceedings so that the counterparty would have to pay the mobile operators costs. Lastly, the PMCA departed from the main rule of two-instance review and opened up for an appeal to the Swedish Supreme Court.  You can read the verdict (in Swedish) here.

2020-06-22

On June 2, 2020, the Swedish Consumer Agency announced its criticism of online rewards pages that promote consumer credit. The agency has examined eight such pages and noted the shortcomings of all. The audit has been conducted in the light of the requirement of moderation in § 6 konsumentkreditlagen (2010: 1846) (KkrL) and the information requirements in § 7 and § 7 b of KkrL. Prices reviewed may be by the aforementioned provisions. Emphasizing the speed argument through placement in prominent places in the marketing through headline form and bold text style has been considered contrary to the requirement of moderation. The consumer could perceive credit as a simple and quick solution to financial problems and thus lock in a credit agreement without considering the consequences. Marketing credits by stating an interest rate is also considered to be contrary to the requirement of moderation. A discount rate can mislead consumers about the financial consequences of credit and entice them to make unforeseen decisions.

Most comparison sites have been considered to violate the information requirements in Kkrl, among other things when the information on the credit interest rate has been presented as a monthly interest rate. It is important that such information is stated as annual interest for the consumer to easily compare. Furthermore, the Swedish Consumer Agency has considered that when information on high cost credits is not enough, the information is stated at the top of the website. In order to the requirement in SEK 7 b to be considered to be fulfilled, the information must be provided for each individual credit offer that relates to a high-cost credit. The Swedish Consumer Agency has also concluded that the comparison pages are covered by the Act (2002: 562) on electronic commerce and other information society services (e-commerce law), since the services are considered to fall within the concept of “information society services”. This means that all comparison sites must fulfil the requirement for information in accordance with Section 8 of the e-commerce Act. In this regard, the Agency has determined that most of the comparison pages have not provided information in a correct and simple way. The Swedish Consumer Agency has noted that some of the comparison sites have not provided sufficient information about the provider of the website (for example, name and address were missing) and that the majority of them have made the information difficult to access. The Consumer Agency will follow up the review next year and will open cases against those who have not rectified the shortcomings.

2020-06-22

Trips and events are being canceled as a result of the corona pandemic. The Swedish Consumer Agency has noted that in many cases, consumers have been offered gift cards instead of cash refunds. The Swedish Consumer Agency is taking a position on the consumer’s right to get their money back. The positioning should be of help for consumers and act as a guide for companies on the market. The position is taken in the light of the consumer’s rights under paketreselagen (2018: 1217) and the EU’s four regulations on passenger rights regarding canceled trips. Regarding events, the Authority refers to the Annex to Directive 93/13 / EGG on unfair contract terms (the so-called gray list).

Both companies and consumers are affected by the fact that travel and events are being canceled as a result of the advice of the Public Health Authority and the Ministry of Foreign Affairs’ advice from travel to reduce the risk of contagion. Many companies have tried to waive consumers’ right to reimbursement by trying to persuade consumers to accept gift vouchers or promise of late arrangement. It is a difficult financial situation for the companies who are forced to cancel events and trips. However, the Swedish Consumer Agency takes a clear position that the consumer has the right to get a refund. Terms in agreements that stipulate that the trader must keep the money paid by the consumer, even though no services have been performed, are unfair when the trader himself terminates the contract in accordance with lagen om avtalsvillkor i konsumentförhållanden (1994: 1512) and point f in the gray list.

The coronavirus and the decisions taken by the authorities as a result can provide a valid basis for canceling an event and thus canceling the agreement between the organizer and the consumer. The starting point for cancellation is that the performance must return, which means that the consumer has the right to recover his money in accordance with 43–44 §§ konsumentköplagen (1990:932) och 29–30 §§ konsumenttjänstlagen (1985:716). The trader can offer the consumer a credit which the consumer has the right to decline in favor of repayment in cash. The Authority adds in its position that if gift cards are offered, they should be valid for ten years in accordance with the rules in 2 §§ preskriptionslagen (1981:130), because a shorter period of validity can be unreasonable given current circumstances and would constitute a major disadvantage for consumers.

2020-01-10

MarLaw Law Firm has been ranked number two in the category of law firms SEK 25–89 million according to Regis’ industry and quality study, where almost 1,000 client relationships have been mapped. We want to thank our clients who participated in this survey, we are very proud of the award but of course aim to take back the first place we had in previous years.

This year’s Regi industry and client study measures the effects of the pandemic in the collaborations, the transaction situation, insolvency / reconstruction and sustainability law. All in all, it provides a multifaceted picture of what the consulting role and client relationships for Sweden’s business lawyers look like.

It is Sweden’s buyers of business law who assess their law firms in the annual survey conducted in the autumn of 2020. MarLaw’s clients gave their law firm very high ratings according to 13 criteria in the Satisfied Client Index which forms the basis for the ranking in Law Firm of the Year. It gave a total of a second place in this year’s ranking.

– We are very proud and grateful for the response that our clients have shown us. This shows that our specialist competence in market law is appreciated and that we create clear values ​​in our collaborations. It motivates us to continue to develop and shows that we are stable even in the time that prevails, says Cecilia Torelm Tornberg, co-owner of MarLaw.

MarLaw has won this award a total of six times: 2013, 2015, 2016, 2017, 2018 and 2019 in the category law firms SEK 25–89 million (annual agency income).

About MarLaw

Since 1969, the law firm MarLaw has worked exclusively with market law issues. Our law firm offers expertise and fast, qualitative legal advice and training. We help our clients in processes and negotiations, brand issues, compliance and more. Feel free to visit our website marlaw.se.

 

Read more at the Law Firm of the Year.

Please contact us for more information.

Press:

Cecilia Torelm Tornberg

Lawyer and co-owner

cecilia.torelm@marlaw.se

073-359 50 68

2018-09-06

The International Trademark Association (INTA) is a global association of brand owners and professionals dedicated to supporting trademarks and related intellectual property (IP) to foster consumer trust, economic growth, and innovation.

INTA’s members are more than 7,200 organizations from 191 countries.

The Association’s member organizations represent some 31,000 trademark professionals and include brand owners from major corporations as well as small- and medium-sized enterprises, law firms, and nonprofits. There are also government agency members, as well as individual professor and student members.

MarLaw representatives frequently visits the annual conferences held by INTA – a great opportunity to meet IP colleagues and trademark holders from all over the world!

For questions regarding MarLaw’s involvement in INTA, please reach out to @Marcus Ateva, Lawyer, Partner and Head of IP at MarLaw.

2018-09-05

Following the 1st of January 2019, a new gambling law will gain effect in Sweden. In brief, the new legislation will strengthen consumer protection and require most gambling providers to acquire a license. The consumer protection essentially introduces mandatory registration of all gamblers and gambling may only occur in registered gambling accounts. The gambling providers will also need to enforce measures to protect gamblers against excessive gambling and additionally ensure that there are functions in place that help gamblers to reduce their gambling if needed. This follows from the duty of care towards consumers that is stressed in the new legislation. Applications for gambling licenses may be lodged with the Swedish supervisory authority following the 1st of August 2018. In order to obtain a license, a heavy amount of documentation must be provided (in Swedish) to the supervisory authority covering, inter alia, information regarding corporate governance, compliance functions, financial disclosure and more.

The supervisory authority will have access to an increased number of measures to enforce compliance and will furthermore be able to act against marketing measures of gambling providers that are deemed immoderate. Moreover, new rules on taxation and new criminal offences are introduced.

MarLaw can provide legal advice covering the whole process of acquiring gambling licenses and regulatory compliance. Contact us today!

2018-09-04

AIPPI is an intellectual property association working both nationally and internationally with intellectual property issues. AIPPI Sverige is Sweden’s national association within the international AIPPI, which is the world’s leading organization for the development and improvement of regulations protecting IP rights. Several of MarLaw’s employees are involved in AIPPI, and thereby contributing to the development and harmonization of intellectual property rights. In addition to the work in the national groups with seminars and committee reports, regular international congresses are held.

 

2018-09-04

MARQUES is the European association representing the interests of brand owners. MARQUES mission is to educate in the selection, management and exploitation of IP rights, while offering a platform for the exchange of best practices to promote the professional development of their members, and to be a reliable partner in advancing these aims. Marcus Ateva from MarLaw is involved in MARQUES as an expert member in the International Trade Mark Law and Practice Team, aiming to ensure and improve the legal position of brand owners in particular by pushing for harmonization of laws and practices at international, regional and national level.

MarLaw continuously visits the international congresses organized by MARQUES. For questions regarding upcoming MARQUES events, please reach out to Marcus Ateva, Lawyer, Partner and Head of IP at MarLaw.

2018-03-09

It has been great meeting IP professionals and friends from all over the world at this year’s MARQUES Spring Meeting in Malaga. Had great discussions with the other members in the International Trade Mark Law and Practice Team.

Marcus Ateva
Partner
Head IP Dept

2017-10-13

We are pleased to announce that Marcus Ateva, one of our partners and head of our IP department has been appointed member to the International Trade Mark Law and Practice Team of MARQUES.

MARQUES is the European association representing the interests of brand owners. The International Trade Mark Law and Practice Team‘s mission is to voice the interest of brand owners on issues in relation to International trademark law and practices, to ensure and improve the legal position of brand owners in particular by pushing for harmonization of laws and practices that will be to their benefit.