Jun 17, 2021

All Smiley for Miley

In 2014 Smiley Miley Inc., the company of U.S. pop star Miley Cyrus, filed an application to register the mark MILEY CYRUS at the European Intellectual Property Office (“EUIPO”). The mark was to be registered against a number of goods including audio and video discs, mobile phone cases, e-books, electronic board games and calendars.

The mark was opposed by Cyrus Trademarks Ltd as a result of its earlier mark “CYRUS” which it registered in 2010. The EUIPO agreed with Cyrus Trademarks and held that there was a likelihood of confusion between the marks. Smiley Miley appealed the decision in 2020 but failed to convince the Patent Office there is no likelihood of confusion. Smiley Miley appealed to the Court of Justice of the European Union (“CJEU”).

The CJEU has now overturned the EUIPO’s decision in favour of Smiley Miley, dismissing Cyrus Trademarks’ arguments that the marks could be confused. The CJEU held that the applied for mark of MILEY CYRUS “has a clear and specific semantic content for the relevant public that it refers to a public figure of international reputation, known by most well-informed, reasonably observant and circumspect persons”.

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. Further, please reserve your place at the upcoming webinar focusing on the online challenges with social media platforms and your intellectual property hosted by Dids MacDonald of Anti-Copying in Design and our Kelly Hudson. You can reserve your place at https://us02web.zoom.us/webinar/register/WN_3BHU-T6hR-yHJFHg6AmV7Q.

Posted by: Tom Staveley in: EU/International, Legal News, Trade Marks

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