NewsEU court blocks 'Pablo Escobar' trademark, citing moral concerns

EU court blocks 'Pablo Escobar' trademark, citing moral concerns

Court of Justice of the European Union has ruled on a complaint by Escobar Inc., a company based in Puerto Rico, against the European Union Intellectual Property Office (EUIPO) for denying the registration of the 'Pablo Escobar' trademark within EU borders.

"Pablo Escobar" without registration in the EU. "It is associated with drugs"
"Pablo Escobar" without registration in the EU. "It is associated with drugs"
Images source: © PAP | Cornelius Poppe / NTB
ed. MZU

17 April 2024 12:04

In September 2021, Escobar Inc. applied to EUIPO for the 'Pablo Escobar' word mark, aiming to use it for a wide array of goods and services.

EUIPO rejected the application, stating that a trademark bearing such a name "is contrary to public policy and the accepted principles of morality", highlighting Pablo Escobar's notoriety as a deceased Colombian narcotics kingpin.

Escobar Inc. challenged this decision with the CJEU, which sided with EUIPO, upholding the decision not to register the trademark due to its controversial nature.

According to the CJEU's ruling, 'Pablo Escobar' cannot be a trademark. EUIPO correctly judged Pablo Escobar's association with drug trafficking, narco-terrorism, and the ensuing crimes and suffering to outweigh any possible philanthropic actions in Colombia. Escobar Inc. had argued that Escobar was akin to "Colombia's Robin Hood."

The CJEU determined that such a trademark would be viewed as contrary to Spanish society's values and fundamental moral standards, affirming that Escobar Inc.'s aim to register 'Pablo Escobar' was primarily targeted at Spanish-speaking audiences.

Source: CJEU
Related content
© Daily Wrap
·

Downloading, reproduction, storage, or any other use of content available on this website—regardless of its nature and form of expression (in particular, but not limited to verbal, verbal-musical, musical, audiovisual, audio, textual, graphic, and the data and information contained therein, databases and the data contained therein) and its form (e.g., literary, journalistic, scientific, cartographic, computer programs, visual arts, photographic)—requires prior and explicit consent from Wirtualna Polska Media Spółka Akcyjna, headquartered in Warsaw, the owner of this website, regardless of the method of exploration and the technique used (manual or automated, including the use of machine learning or artificial intelligence programs). The above restriction does not apply solely to facilitate their search by internet search engines and uses within contractual relations or permitted use as specified by applicable law.Detailed information regarding this notice can be found  here.