Italian actor Raoul Bova was alleged to have engaged in an extramarital affair with Spanish actress Rocío Muñoz after WhatsApp audio messages sent from Mr Bova to Ms Muñoz surfaced online. In response to public criticism and widespread media coverage, Mr Bova filed two trade mark applications with the Italian Patent and Trade Mark Office (UIBM) in an attempt to protect the phrases contained within the WhatsApp messages, namely:
- ‘buongiorno essere special dal sorriso meraviglioso e dagli occhi spaccanti’ (Good morning special being with a wonderful smile and piercing eyes); and
- ‘occhi spaccanti’ (piercing eyes)
Though the former has been published by the UIBM, questions have been raised as to whether the phrases possess the requisite distinctive character for registration – though the UIBM clearly believes the former does. The questions of whether the application has been made in bad faith, if the application is contrary to public policy (on the basis it suppresses public speech), and whether WhatsApp voice messages should be capable of trade mark protection have also been raised in relation to the applications.
Following past EU case law, Mr Bova’s applications may be deemed contrary to public policy given his applications are seeking to suppress speech simply because he does not want those phrases to be repeated. However, Mr Bova’s applications may not be in vain since past applications have seen some success where they have been made to prevent third-party misuses. EU law has also emphasised that respect for one’s private life should prevail over sensationalising matters for entertainment.
Whether or not Mr Bova’s applications will succeed is now in the hands of the UIBM. This matter does, however, make for an interesting development in trade mark law, and raises many of the questions considered when examining trade mark applications.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
