Batman emerged triumphant in a trademark dispute against an Italian clothing retailer as Europe’s second-top court upheld the ruling of the EU patent office. The court recognized the distinctive nature of the Batman logo, deeming it eligible for an EU trademark.
The European Union Intellectual Property Office (EUIPO) and Europe’s second-top court sided with Warner Bros Discovery’s DC Comics, ruling that the Batman logo possesses enough distinctiveness to justify its EU trademark.
The dispute arose when Commerciale Italiana Srl challenged the trademark, contending that it lacked distinctive character for clothing and carnival items.
Following the rejection of its application by the European Union Intellectual Property Office (EUIPO), Commerciale Italiana Srl pursued its complaint to the General Court in Luxembourg. However, the judges of the General Court upheld the decision of the EU trademark body, thereby supporting the ruling in favor of Batman’s trademark.
The court ruled, “The evidence submitted to the General Court is not sufficient to show that the EU trademark representing a bat in an oval surround was devoid of distinctive character on the date of filing of the application for registration.”
“For the relevant public, that distinctiveness makes it possible to associate, according to EUIPO, the goods covered by the trademark with DC Comics and to distinguish them from those of other undertakings.”
The Italian company, Commerciale Italiana Srl, has the option to appeal the decision to the EU Court of Justice, which is the highest court in Europe, specifically on points of law.
