Taken, says ECJ
The European Court of Justice today said that a company seeking a trademark for a beer called ‘Royal Shakespeare’ couldn’t have it, because people might think it was being marketed by the renowned acting company of the same name.
Only Berlaymonster, however, has bothered to render the ruling in iambic pentameter and Shakespearean sonnet form. My pleasure.
Sonnet T‑60/10 Jackson International Trading Co v OHIM
When companies like Jackson Trading Co.
Approach the trademark office for to own
The name of ‘Royal Shakespeare’, even though
There’s already a brand that’s quite well-known,
And when the RSC, for it is they,
Kicks up a fuss because they stake a claim
That’s just in law so they can rightly say
They have a prior right to use the name,
And when the EU courts in their review,
Say people buying beer, they might confuse
The famous troupe for makers of the brew,
We know, that when it comes to drinking booze,
That which we call a beer, when all’s complete,
By any other name, would taste as sweet.
Delivered in Brussels on 6 July 2012
Judge Rapporteur BM