Protection of Samherji's intellectual property rights

This week, a hearing took place in the UK in the case of Samherji against Oddur Eysteinn Friðriksson, because he had spoofed and used intellectual property rights owned by Samherji.

Last year, Oddur Eysteinn set up a website that was hosted in the UK, in the name of and with the logo of Samherji and spread false news in the name of the company‏‏. Soon after, Oddur Eysteinn declared responsibility for the work and stated it was part of an art performance.

The abuse of Samherji's trademark reached three continents. Announcements were sent to about 100 media in Iceland, Norway, the United States, Great Britain, Canada and Australia.

When Oddur Eysteinn opened a website with the domain name samherji.co.uk which was an impression of Samherji's official site, this caused a confusion for both the public and customers.

It should also be noted that this abuse did not only have an artistic purpose, as Oddur Eysteinn claims. In addition, an attempt was made to get money from Samherji by signing up an advertising agency to publish advertising material of the same type against payment from Samherji.

This behaviour is, of course, unacceptable and has nothing to do with art or freedom of expression. Samherji's brand has been built up over four decades all over the world, and the company's duty is to protect the company's registered trademark.

Samherji had thus few options other than to refer the matter to the court, which is the standard practice for resolving disputes. Samherji had no interest in filing the above case against Oddur Eysteinn beyond getting him to correct his deliberate unlawful infringements. Samherji has invited him to settle this case by giving the domain name back to Samherji and undertake not to repeat the stunt. Oddur Eysteinn has chosen to reject this offer and fight the case.

Samherji supports the constitutionally protected freedom of expression of artists and others and is not for or against the artwork of individual artists, but the doing of Oddur Eysteinn was a broad and serious offense that could not be justified with references to artistic expression.

Samherji encourages artistic creativity and has over the years had the social responsibility of supporting artists. Samherji urges Odd Eysteinn to carry on making artwork while at the same time respecting the rights and work of his fellow citizens, alongside his artistic creation.