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25 May 2017Trademarks

Bayern midfielder Arturo Vidal wins TM dispute over energy drink

After scoring and lifting the German title this past weekend, Bayern Munich footballer Arturo Vidal topped it off by also winning a year-long trademark court case.

The disputed trademark resolved around an energy drink called ‘King Artur’, which various sources at the time of its creation in November 2015 say was in honour of the Chilean midfielder.

When the drink was released, Chilean paper  La Cuarta spoke to the inventor of the beverage, José Eugenio Martinez, who said the branding is in reference to “Arturo Vidal, who is an example for Chileans.”

He went on to say “it would be an honour if Vidal joined the brand.”

The drink’s logo is a V and A interlinked, identical to the tattoo Vidal has on his neck.

The National Industrial Property Court in Chile ruled that the trademark registration first given to Martinez in March 2016 for classes 9, 16, 21, 25, 30 and 32 should be cancelled, with the trademark now being registered with Vidal.

Juan Pablo Silva, of law firm Silva who represented Vidal, said that “the sign and name ‘King Arturo’ refers directly to our client, who's extensively known in Chile and outside the country.

“So if someone sells articles under this brand, it will produce error and deception to the buyers, who will recognise it as their idol's business”.

Luis Felipe Opazo, attorney at Silva added: “It was evidently a copy of his famous tattoo and nickname. This is clearly unethical and a fraud for consumers and the real owner of the brand.

“This is why the soccer player also registered the brand, so his name and signs are properly protected and can be used for his foundation and business."

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