Thu. Sep 19th, 2024
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EU General Court Judgment in Case T-255/23 Escobar v EUIPO – Pablo Escobar
17 April
Wednesday 17th April 2024
General Court Judgment in Case T-255/23 Escobar v EUIPO (Pablo Escobar)
(Intellectual Property – Trade marks)
Escobar Inc. is a company founded by Roberto de Jesús Escobar Gaviria, the brother of Pablo Emilio Escobar Gaviria, also known as Pablo Escobar. It manages and owns all the intellectual property relating to Pablo Escobar, such as copyrights, trademarks and other rights. It is devoted to stop unauthorized use and exploitation of the person of Pablo Escobar by third parties unrelated to him.
The EUIPO examiner refused an application by Escobar Inc to register the trademark “Pablo Escobar”. The application was qualified as being contrary to morality as well as to public policy.
Escobar Inc. is challenging the decision of the EUIPOs Fifth Board of Appeal that had confirmed the examiner’s decision.
Mittwoch, 17. April 2024
Urteil des Gerichts in der Rechtssache T-255/23 Escobar / EUIPO (Pablo Escobar)
Sittenwidrigkeit bei Unionsmarken
Die Prüfer der EUIPO kamen zu dem Ergebnis, dass die Wortmarke „Pablo Escobar“ gegen die öffentliche Ordnung und die guten Sitten verstoße, nachdem der Bruder von Pablo Escobar die „Escobar Inc.“ eintragen lassen wollte. Die Beschwerdekammer bestätigte die Zurückweisung der Unionsmarkenanmeldung. Die Marke rufe die Assoziation mit illegalem Drogenhandel und weiteren schweren Straftaten hervor, begangen durch den gleichnamigen Leiter einer berühmten kriminellen Organisation. Die eingetragene Marke würde als eine Banalisierung der durch diese Verbrechen verursachten Leiden wahrgenommen. Dies widerspreche den universellen Werten der Union. Die Marke werde auch als beleidigend wahrgenommen.
Die „Escobar Inc.“ hat vor dem Gericht der EU auf Aufhebung dieser Entscheidung geklagt.
Details
- Date:
- 17 April
- Event Categories:
- EU General Court, EVENT, IEU AGENDA
- Event Tags:
- Case T-255/23 Escobar v EUIPO, Pablo Escobar
Venue
- EU General Court
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- (00352) 43 03-1
- View Venue Website
Organizer
- EU General Court
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