DC Comics was today victorious in its trade mark dispute with Italian clothing retailer Commerciale Italiana Srl following a ruling from the General Court, a constituent court of the Court of Justice of the European Union. The dispute related to the famous Batman logo, an EU trade mark owned by DC Comics. Commerciale Italiana Srl initially contacted the European Union Intellectual Property Office (EUIPO) in 2019 to seek revocation of the trade mark for clothing and carnival items, claiming that the mark lacked distinctive character. The EUIPO rejected this application, however, and the Italian company subsequently took the matter to the Luxembourg-based General Court, which today ratified the EUIPO’s decision and ruled that the Batman logo is distinctive enough to warrant its registration as an EU trade mark. The Court’s ruling read, “The evidence submitted to the General Court is not sufficient to show that the EU trade mark representing a bat in an oval surround was devoid of distinctive character on the date of filing of the application for registration”. Whether Commerciale Italiana Srl will now appeal the General Court’s decision remains to be seen.
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.
in: EU/International, Legal News, News, Trade Marks
