Our lawyers are recognised by The Legal 500

Our lawyers are recognised by The Legal 500

Each year, law firms around the world are assessed and ranked by Legal 500. The rankings are based on feedback from clients and other market research. This year too, Brækhus is ranked as a Leading Firm.

In this year’s edition of Legal 500, a number of our lawyers, spread across various fields of expertise, receive recognition for their specialist skills.

Partners Alexander Mollan and Julius Berg Kaasin also achieve individual rankings and are ranked in the category ‘Next Generation Partner’. Alexander is recognised for his in-depth expertise in the field of TMT, and Julius is recognised for his expertise in the field of Intellectual Property.

We are pleased to observe that the fields in which we receive recognition by The Legal 500 represent core business areas for Brækhus. This underline our strong competence environments.

This is what some of our clients say about us:

Highly competent, proactive and we were involved well along the way

Our experience with Brækhus is that they always seek the right expertise from the right person so that challenges and problems can be highlighted quickly. This means that the right solutions are chosen in a short time

A very nice, friendly, cooperative and resolutive team. They are always willing to help and support you in your cases, propose alternative ideas and solutions, and be honest and clear about your situation

An extremely high level of expertise, insight and experience that we as clients can capitalise on. Not least very quick responses to inquiries

Brækhus lawyers recognised among Norway’s leading legal practitioners

Brækhus lawyers recognised among Norway’s leading legal practitioners

In this year’s survey conducted by the Norwegian Financial Newspaper, Brækhus lawyers are recognised as leading specialists in technology and digitalisation, international matters, IP and retail, as well as restructuring and insolvency. 

– It is great to see our lawyers highlighted among Norway’s foremost in areas that are strategically important to our business. We are dedicated to building market-leading expertise, particularly within technology and digitalisation, and international matters. These rankings affirm our achievements, says managing partner Atle H. Carlsen

Christoph Morck is ranked as the country’s seventh leading international lawyer, while Stein E. Hove is ranked fifth on the list of the country’s best lawyers in technology and digitalisation. 

Julius Berg Kaasin achieves two placements in this year’s survey. He is ranked tenth among the country’s leading lawyers in IP and seventh in retail. Audun Kleppestø is ranked fourth among the country’s promising talents in restructuring and bankruptcy. 

Jacob Winderen Lindegaard and Julius Berg Kaasin to become Partners at Brækhus

Jacob Winderen Lindegaard and Julius Berg Kaasin to become Partners at Brækhus

It is with great pleasure that we announce Jacob Winderen Lindegaard and Julius Berg Kaasin as partners at Brækhus, effective January 1, 2024. These promotions strengthen key focus areas in alignment with the firm’s new strategy.

Following a recent strategy process, the firm has set a new direction for the future. The strategy is sharpened, and the firm undergoes transformation and modernisation, all aimed at providing clients with the best advice and the best customer experience.

– We are enhancing our international position, strengthening our advice on new technology, and strengthening our service offering for individuals and families managing significant assets. Therefore, we are pleased that Jacob Winderen Lindegaard and Julius Berg Kaasin are becoming partners at Brækhus. They possess vital expertise and experience that supports our strategy, says Managing Partner Atle H. Carlsen.

Jacob Winderen Lindegaard heads Brækhus Family Office, offering legal advice to families seeking to preserve and transfer wealth across generations efficiently. Jacob and his team assist individuals and families managing substantial assets, often in complex matters nationally and internationally. Jacob is a specialist in business transfers, inheritance law, succession planning, estate settlements, and financial family law.

With extensive litigation experience, Jacob represents clients in court proceedings related to the valuation of companies and properties, as well as the distribution of inheritance among heirs in estate settlements. Jacob also assists in international succession and inheritance cases. He also serves as an appointed trustee at Oslo District Court, responsible for public settlement processes.

Jacob is committed to philanthropy and serves on Fundraising Norway’s inheritance committee as the legal expert for a national campaign initiative. He is also one of the initiators of the Inheritance Forum network, and he regularly assists various organisations with matters ranging from simple questions in inheritance law to litigating complex cases in court.

Julius Berg Kaasin leads Brækhus’ work with intellectual property (IP) and marketing law, assisting businesses with the establishment, enforcement, and commercialisation of all IP rights.

Julius has contributed to establishing Brækhus as a leading law firm in IP. He and the team have gained broad recognition in Norway and abroad, being recognised this year as the best Norwegian law firm in the “trademark” category by Managing IP. Julius primarily works with Norwegian and international companies in technology, retail, energy, and the pharmaceutical industry, boasting an extensive international network.

Julius has experience serving as corporate counsel at Stokke and senior counsel at GjessingReimers. He has substantial litigation experience and has handled several major IP cases in court. Julius demonstrates a strong commitment to IP, marked by numerous articles, lectures, and board positions in several key IP associations, including NIR/AIPPI Norway, LES Scandinavia, and NACG. In addition to IP and marketing law, Julius also works broadly in retail and commercial contracts.

Brækhus assisted Swiss Diabetes Fund with its investment in Glucoset

Brækhus assisted Swiss Diabetes Fund with its investment in Glucoset

Brækhus assisted Swiss Diabetes Venture Fund in connection with its investment in Glucoset, a Norway-based company specializing in glucose monitoring solutions for intensive care units.

Brækhus assisted Swiss Diabetes Venture Fund in connection with its investment in Glucoset, a Norway-based company specializing in glucose montitoring solutions for intensive care units.

Brækhus assisted Swiss Diabetes Venture Fund throughout the acquisition process, handling legal due diligence and SPA, along with a technical IP due diligence in collaboration with Onsagers.

Brækhus’ team was headed by Christoph Morck and Julius Kaasin.

The investment is mentioned in Finansavisen on November 24, 2023 (in Norwegian).

Swiss Diabetes Venture Fund is a Switzerland-based fund primarily focused on investing in health technology within the diabetes sector.

Oslo District Court overturns KFIR’s decision in ELTORQUE case

Oslo District Court overturns KFIR’s decision in ELTORQUE case

The Oslo District Court has issued a decision on Eltorque’s applications for the word mark ELTORQUE and a combined mark including the same term and a relatively simple square-shaped logo. The court, like the previous instances, found that ELTORQUE did not meet the conditions for registration for the entire list of goods and services applied for. However, it determined that the marks were sufficiently distinctive for a few more goods and services than those accepted by the Board of Appeal for Industrial Property Rights (KFIR), thus formally overturning the KFIR’s decision.

In 2020 Eltorque applied for registration of the word mark and combined mark ELTORQUE in Norway, covering various vehicle sand related parts in Class 7, scientific apparatus and instruments in Class 9, the sale and installation of said goods in Classes 35 and 37, and scientific and technological services in Class 42. Both the Norwegian Industrial Property Office and the KFIR rejected the applications on the ground that the marks were devoid of any distinctive character and were descriptive for some of the goods and services applied for.

Eltorque challenged both decisions before the Oslo District Court, which consolidated the cases and delivered a unified judgment on 7 June 2023.

Decision

The primary question before the court was whether the marks at issue had sufficient distinctiveness and were not descriptive for all the goods and services applied for.

The court initially noted that the average consumer would likely interpret ELTORQUE as a combination of ‘el’ (suggesting electrical power) and ‘torque’ (referring to rotational force). While ‘torque’ was a technical, specialised term, the court believed that it would be understood by consumers in the relevant market. Therefore, the court considered that the average consumer would perceive ELTORQUE as signifying ‘electrical torque’ or something powered by electricity that rotates.

The court thus found that ELTORQUE was directly descriptive of some of the goods and services covered. It pointed out that ELTORQUE was descriptive for goods related to engines in Class 7 and for valves and actuators in Class 9 because of their connection to the concept of ‘torque’. However, the court disagreed with some of the KFIR’s assessment, stating that ELTORQUE
was not descriptive for hydraulic and pneumatic actuators as they are not electrically powered. The same conclusion applied to linear actuators, which do not involve rotational movement. This meant that the KFIR’s decision was invalid and had to be overturned.

Eltorque also submitted evidence, including written customer declarations, to prove that the marks had acquired distinctiveness through use. The court dismissed this claim, partly on the ground that the affidavits were apparently authored by Eltorque’s lawyer; however, it upheld the claim for some goods in Class 7 and 9 based on Eltorque’s long-term, consistent and uniform use.


Eltorque further argued that prior registrations for ELTORQUE as a combined mark in Norway and several other countries should be considered. The court, however, determined that prior registrations alone could not establish that the mark was distinctive. It emphasised that, while the national trademark legislation is largely harmonised with EU law through the EEA Agreement, the focus should be on harmonising rules rather than individual case outcomes. In other word, prior registrations and references to EU legal sources were not sufficient to establish that ELTORQUE was distinctive in this specific case.

Nonetheless, the court allowed ELTORQUE to be registered for additional goods and services, thus overturning the KFIR’s decision.

The judgment of the Oslo District Court was appealed. However, as the statement of appeal was not submitted within the relevant deadline, the appeal was dismissed.

Summary

  • Eltorque applied to register the word mark and combined mark ELTORQUE for goods and services in Classes 7, 9, 35, 37 and 42
  • Both the NIPO and the KFIR found that the marks were devoid of any distinctive character and were descriptive for some of the goods and services applied for
  • The court upheld the KFIR’s refusal for most of the goods and services but allowed registration of the marks for others

Julius Berg Kaasin has once again been recognized by IAM Patent 1000

Julius Berg Kaasin has once again been recognized by IAM Patent 1000


IAM Patent 1000 identifies the world’s foremost patent professionals on an annual basis.

Also in this year’s edition of IAM Patent 1000, IP expert Julius Berg Kaasin receives recognition in the field of IP Transactions, where he is described as follows:

Providing end-to-end IP services at Brækhus Advokatfirma, Julius Berg Kaasin supports high-end players across the retail and technology sectors. The hard-hitting litigator is widely sought after for his commercial mindset when it comes to IP strategies and transactional needs.

IAm Patent 1000

The entire 2023 edition of IAM Patent 1000 for Norway is available here.

IAM Patent is the leading website for those seeking information on patents, and in their annual ranking, they identify leading firms and individuals worldwide.

The rankings are based on comprehensive qualitative work that emphasizes in-depth knowledge, market presence, and positive feedback from others within the industry.

The ranking is conducted completely independently of commercial considerations.

Brækhus named best trademark law firm of the year

Brækhus named best trademark law firm of the year

Last night, Brækhus was named the winner at the annual Managing IP Awards ceremony in London. In the “Trademark (Law firms)” category, Brækhus’ IP team was nominated alongside other leading law firms in Norway.

The award was presented at a prestigious ceremony attended by over 550 guests. Julius Berg Kaasin, Josefine Ardem, and Karna Fog were present and accepted the award on behalf of Brækhus’ IP team.

– We are very proud of the recognition our IP team has received, said Atle Carlsen, managing partner at Brækhus. – It is inspiring to see how the team has quickly established a strong position in a competitive industry, he added.

Brækhus’ IP team consists of Associate Partner Julius Berg Kaasin, Associates Karna Fog, Ingvild Aarskog, Elena Steen Eriksen, Lawyer Josefine Ardem, and associate partner Ida Brabrand. The team assists Norwegian and foreign companies with the establishment, commercialization, and enforcement of trademarks in Norway and abroad.

The Managing IP Awards are considered the leading awards in the field of intellectual property (IP). Each year, analysts gather information from thousands of companies, IP practitioners, and their clients through interviews, emails, and online surveys. The Managing IP Awards have been held for eighteen years and cover a wide range of IP areas in over 30 jurisdictions.

Click here to see all the winners and pictures from the awards ceremony.

Our lawyers have been recognised in Legal 500 2023

Our lawyers have been recognised in Legal 500 2023

Our lawyers have been recognised in the 2023 edition of Legal 500, a comprehensive global guide to law firms. Each year, Legal 500 evaluates and ranks law firms worldwide based on client feedback and market research. In this year’s edition, Brækhus has been ranked as a Leading Firm.

15 of our lawyers across 6 practice areas have been acknowledged in this year’s edition of Legal 500. Associate Partner Alexander Mollan has been named ‘Next Generation Partner’ for his expertise in the TMT (Technology, Media, and Telecommunications) practice area.

The recognized practice areas are fundamental to Brækhus’ core business, and we take great pride in being highlighted by Legal 500 for our strong expertise in these areas.

Our firm has been ranked in the following practice areas:

What our clients say about us:

Quick response rate. Clear recommendations. Efficient use of resources. Close follow-up.

Very diverse and competent team with international knowledge and a very service-minded approach.

Takes a holistic approach, and guides on commercial aspects to make sure nothing falls between the cracks.

No fuss, straight to the point. Great people to work with. Delivers results.

Brækhus lawyers get recognition in 8 categories in the Annual Lawyer Survey

Brækhus lawyers get recognition in 8 categories in the Annual Lawyer Survey

For the 25th year in a row, Kapital’s lawyer survey acknowledges the leading Norwegian lawyers and firms in a number of categories, and Brækhus’ lawyers are recognised as some of the country’s leading lawyers in their field of expertise.

Christoph Morck is ranked as the country’s sixth leading International Lawyer. Stein E. Hove is ranked number nine on the list of the country’s best lawyers within Technology and Digitalisation, and Christian Bendiksen is ranked fourth on the list of “Promising Talents” in the same category. Frank C. Aase ranks tenth on the list of the country’s leading lawyers within Restructuring and Insolvency, and he also ranks 1st on the list of the country’s most “Promising Talents” within Banking and Finance.
 
Just like Frank C. Aase, Julius Berg Kaasin receives acknowledgments in two categories in Kapital’s Annual Lawyer Survey. He ranks 1st as the country’s most “Promising Talent” within Retail Law, and he also ranks second on the list of “Promising Talents” within Intellectual Property. Audun Kleppestø ranks fourth on the list of the country’s most “Promising Talents” within Restructuring and Insolvency.
 
– It’s both inspiring and fantastic to see that our expertise is recognized by the industry! We are proud of our rankings and the fact that we continue to build strong teams within Banking & Finance, Restructuring & Insolvency, Technology & Digitalisation, Retail Law, Intellectual Property, and in addition to a strong international focus, says the chairman of the board in Brækhus, Christoph Morck.