IMMORTAL Members Involved In Trademark Dispute Over Name

Thursday, 11th December 2014

As reported by Blabbermouth, a report from Dagbladet.no, members of the legendary Norwegian black metal band IMMORTAL are involved in a legal dispute over the IMMORTAL trademark. The group’s frontman Abbath (real name Olve Eikemo) has attempted to claim rights to the IMMORTAL name via his sole proprietorship Eikemo Compositions. The application has been stopped by a lawyer representing lyricist/guitarist Demonaz (real name Harald Nævdal) and drummer Horgh (real name Reidar Horghagen), who want the IMMORTAL trademark to be shared by all three members.

Demonaz and Horgh’s attorney cites section 21 of the Norwegian Trademarks Act, which states: “Anyone who can prove that he is entitled to a trademark in an application filed by another party may request that the Norwegian Industrial Property Office transfer the application. In such case, the person in question shall pay a new application fee. If there is doubt as to who is entitled to the right, the Norwegian Industrial Property Office may request that the party requesting the application be transferred to him bring legal actions within a time limit fixed by the Norwegian Industrial Property Office. If no such legal actions are brought within the time limit, the Norwegian Industrial Property Office may disregard the request. The party requesting the transfer shall be notified of this. While a transfer case is being examined by the Norwegian Industrial Property Office, the application may not be amended, shelved, refused or granted until the question of transfer has been finally decided. If legal actions have been brought concerning the right to the trademark, the Norwegian Industrial Property Office shall postpone examination of the case concerning registration or transfer until the proceedings have been decided with legally binding effect. The Norwegian Industrial Property Office shall notify the applicant and the party who has requested that the application be transferred to him of the decision in the transfer case. A final decision that the application is to be transferred shall be entered in the Trademark Register and published.”

Abbath has until this Friday (December 12) to respond to the opposition, before the Norwegian Patent Office makes a decision on the matter in January or February.

The band’s last album, All Shall Fall, was released in 2009 via Nuclear Blast.