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10 March 2016Trademarks

EU court rejects ‘Coyote Ugly’ trademark claim

The EU General Court has rejected claims that ‘Coyote Ugly’ is a well-known mark and dismissed an opposition to a Community trademark (CTM) application.

Spain-based Group Lottuss applied for a CTM covering the term ‘Coyote Ugly’ in 2007. It sought protection for the mark covering bars and clubs.

The CTM, however, was opposed by Ugly, a US-based company that owns bars called Coyote Ugly in New York. Ugly claimed that its ‘Coyote Ugly’ mark was well-known under article 6 of the Paris Convention.

One of its bars was the inspiration for the film “Coyote Ugly”, released in 2000.

The Office for Harmonization in the Internal Market (OHIM) rejected Ugly’s opposition, stating that the name used for the film did not function as a trademark.

Ugly appealed against the decision and provided evidence documenting the popularity of the film and its accompanying soundtrack. But in 2014 OHIM’s Fifth Board of Appeal said it was not sufficient to prove it was used in the course of trade.

Ugly appealed against the decision to the EU General Court. But, in a ruling handed down on March 3, the court also affirmed OHIM’s assessment.

“The evidence, although it shows that the film ‘Coyote Ugly’ and its soundtrack were successful in 2000, does not demonstrate that the applicant’s business was widely associated with the film by the relevant public at the date the mark applied for was filed,” the court said.

It added: “It is clear from the contested decision that the board of appeal stated ... that the applicant had not succeeded in establishing the existence of a well-known mark.”

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