The European Union's General Court has rejected an attempt to register the name of Colombian drug lord Pablo Escobar as a trademark within the EU. The court upheld the decision of the EU's Intellectual Property Office (EUIPO), which refused a trademark application filed by Escobar Inc. in 2022. Brief Facts: The trademark application was filed by Escobar Inc., a company established...
The European Union's General Court has rejected an attempt to register the name of Colombian drug lord Pablo Escobar as a trademark within the EU. The court upheld the decision of the EU's Intellectual Property Office (EUIPO), which refused a trademark application filed by Escobar Inc. in 2022.
Brief Facts:
The trademark application was filed by Escobar Inc., a company established in Puerto Rico by Roberto de Jesus Escobar Gaviria, the brother of the late Colombian drug lord Pablo Escobar. Escobar Inc. sought to register the name "Pablo Escobar" as a trademark for a wide range of goods and services within the European Union.
However, the EUIPO rejected the application, citing that the proposed trademark contradicted accepted principles of morality and public policy.
Escobar Inc. contested the EUIPO's decision by bringing the matter before the General Court of the European Union.
Observations by the General Court:
The court upheld the decision of the EUIPO to reject the trademark application. The court held that the rejection was based on the perception of the Spanish public, given Spain's close historical and cultural ties to Colombia, where Pablo Escobar gained notoriety as the leader of the Medellín cartel.
The court's decision was grounded in the belief that the name "Pablo Escobar" evokes associations with drug trafficking, narco-terrorism, and a range of myriad crimes and suffering linked to these illicit activities. Consequently, the court reasoned that granting trademark protection to such a name would contravene fundamental values and moral standards prevalent within the Spanish society, a prominent EU member state.
Despite arguments put forth by Escobar Inc. regarding Pablo Escobar's perceived positive contributions to Colombian society, the court held that the predominant public perception of the name remained inexorably intertwined with criminality and organized crime. This perception outweighed any potential associations with purportedly benevolent deeds, making the name unsuitable for trademark protection within the EU.
Moreover, the court stated that while Escobar had never been formally convicted under criminal law, public perception in Spain depicted him as a symbol of organized crime responsible for numerous criminal acts.