EU court rejects skateboard brand’s ‘f-word’ trademark
FA World Entertainment loses General Court bid | Phrase ‘lacked distinction’.
A US firm has lost the right to trademark the phrase ‘Fucking Awesome’ in the EU as the General Court ruled on Wednesday, March 15, that it lacked distinction.
FA World Entertainment, a US skateboard company and streetwear brand, applied to register the mark in the EU having registered it with the World Intellectual Property Organization (WIPO).
The company wanted the mark to cover goods in classes 9, 18, 25 and 28 of the Nice Agreement, which included “eyewear, namely sunglasses”, “all-purpose athletic bags”, “clothing” and “skateboards”.
However, the application was rejected by the EU Intellectual Property Organization (EUIPO) in 2021. The firm contested this decision with the EUIPO Board of Appeal, which supported the decision to turn down the trademark arguing that it would be perceived by the public solely as a “promotional and laudatory message and not as an indication of the commercial origin” of the goods.
However, the Board of Appeal did not share the examiner’s view that owing to its offensive character, the mark was contrary to public policy or accepted principles of morality and that its registration should therefore be refused. According to the Board of Appeal, the sign would be perceived as a vulgar message promoting the quality of the goods rather than offensive, but it upheld the rejection on the grounds of lacking distinction.
‘Not in dictionary’ argument fails
FA World Entertainment then took its case to Europe’s second-highest court, the General Court in Luxembourg, which has now concurred with the decision of the EUIPO.
Judges said that the trademark would signify to the public “a promotional message indicating the astonishing quality of the goods” and did not require any interpretation by English-speaking consumers. It contained no additional element that would allow it to function as an indication of the commercial origin of the goods, the court found.
The skateboard firm argued that the expression “fucking awesome” had no determined meaning because it cannot be found in a dictionary and may have a positive or negative connotation. This was rejected by the judges, who contested that there was nothing unusual or original in the phrase and that it was merely a combination of two words with a precise meaning.
FA World Entertainment has been ordered to pay costs. The firm was created by professional skateboarders Jason Dill and Anthony Van Engelen, and has stores in LA and New York.
