The production company behind the hit UK TV show Peaky Blinders has successfully blocked a Polish coin maker from registering a trade mark for ‘Peaky Blinders – The Mafias’. On Friday, the Opposition Division of the EUIPO held that the opposition was successful for all contested goods and that the application was therefore to be rejected in its entirety.
Caryn Mandabach Productions Limited (CMPL), the company behind the TV show, has a large portfolio of trade marks relating to the show in a number of jurisdictions. The opposition relied on 3 of its European trade marks for variations of ‘Peaky Blinders’ (word) and ‘PEAKY BLINDERS’ (word) which are registered in a number of classes, all registered between 2015 and 2018. CMPL claimed that the Polish coin maker’s application was either identical with or similar to 2 of the marks and their goods and services so there was therefore a likelihood of confusion, and that the application took unfair advantage of or was detrimental to the distinctive character or repute of the third mark.
2 of CMPL’s marks are registered within class 14, which covers various metals including variations of coins. Though CMPL’s registrations did not directly cover coins, they covered jewellery which the EUIPO recognised could include coins as they can be wearable, can be found in the same outlets and may be intended for the same public. Additionally, it was held that the addition of ‘The Mafias’ following the phrase Peaky Blinders did not provide sufficient visual, aural or conceptual differences between the marks so were therefore similar to each other, at the least. For these reasons, there was a likelihood of confusion and therefore the opposition was successful.
This decision precedes the release of the upcoming Peaky Blinders movie which is expected to be released some time in 2025 or 2026 so there is no doubt that this will be a welcome victory for the Peaky Blinders franchise.
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.
