Samherji wins ‘fake website’ court case

Samherji, Iceland’s largest fishing and salmon farming company, has won a London High Court case against an Icelandic student who created a fake press release and website last year.

Judgment was handed down in the UK in a case brought by Samherji hf. for infringement of its trademark rights. The court upheld all of Samherji’s claims.

The affair centres around a long running row involving allegations, which the company denies, that fishing quotas in Namibia were obtained by bribery. The affair, known as the“Fishrot” scandal, is stil subject to investigation.

The defendant in the case, artist Oddur Eysteinn Fridriksson (now known as “ODEE”), registered a website in the name of Samherji with a British domain registration last year where he utilised the company’s trademark and other intellectual property, as part of an artwork he called “We’re Sorry”.

The court was told that the website appeared to be Samherji’s official UK website. Furthermore, he sent out false press releases in the company’s name, Samherjii alleged.

Last week under the Business and Property Courts of England and Wales, the High Court of Justice ruled that Samherji’s intellectual property rights had been violated. Arguments regarding artistic performance were rejected.

In the judgment, it is established that the use of Samherji’s logo in the design of the website was done “to give the website authenticity and not for the purpose of criticism or review or quotation” and that the whole design of the website was intended to make it appear to be the official website of Samherji.

Thorstein Mar Baldvinsson, CEO Samherji

The court concluded that the design of the website did not constitute artistic caricature, parody or pastiche, which is within the boundaries of freedom of expression enjoyed by artists.

Furthermore, the judge concluded that the domain name and website “were instruments of fraud in the sense that they were set up with the deliberate intention of deception and in the knowledge that their content was false.”

The court also found that the above does not constitute illegal restrictions on the freedom of expression, as freedom of expression can be subject to restrictions due to the legitimate rights of others, including intellectual property rights.

Thorsteinn Már Baldvinsson, CEO of Samherji said: “We are, of course, satisfied with the result. We were forced to take legal action to protect our trademark when all other lenient resolutions were rejected.”

He added: “The ruling clearly distinguishes between legitimate artistic expression and the misuse of a registered trademark. This judgment must be a matter of serious consideration for the academic institutions that gave their blessing to obvious trademark violations under the guise of artistic expression.”

Artist unrepentant

ODEE issued a statement following the ruling, reiterating his argument that the artwork was intended as a critique of Samherji and its corporate practices.

He said: “We’re Sorry has already claimed its place in history; no other Icelandic artwork has been taken to court like this, let alone to the High Court of another country, dragged there by a company that has itself been exposed for wrongdoings in multiple ways. It has arguably become Iceland’s most well-known contemporary artwork. This judgment enforces the will of a corporation and casts a chilling effect on those who would dare to publicly criticize Samherji. Now, this artwork additionally spotlights that chilling effect and reveals how Samherji uses it to censor and stifle public critique.

“However, their attempts to censor this artwork have only strengthened its impact, drawing even more attention to the issues they seek to suppress. By questioning what qualifies as ‘art,’ Samherji essentially questions the freedom of artists to critique and comment on society.”

A statement from ODEE’s lawyer, Andra Matei, suggests that the ruling could be appealed. She said: “We never expected this to be easy, or simple. We are up against corporations with millions and millions of dollars and legal systems that have historically not paid attention to the crucial role that artists, such as ODEE, play in the strengthening of democracies. This is why, while we are disappointed, this decision has only furthered our resolve to take this fight all the way to the very end.”

Lawyer Andra Matei and artist ODEE, London