Man behind ‘Street Fighter’ game suffers blow in wine trademark bid
The CEO of the company behind the popular video game franchises “Street Fighter”, “Mega Man” and “Resident Evil” has received bad news from an EU advocate general (AG) regarding a wine-related trademark.
AG Eleanor Sharpston handed down her opinion yesterday, December 7, advising the Court of Justice of the European Union (CJEU) to reject an application from Kenzo Tsujimoto, who founded the company that went on to become video game developer Capcom.
The dispute is between Tsujimoto and luxury fashion company Kenzo. It began when Tsujimoto filed an application for ‘Kenzo Estate’ in 2008 for a wine company he had created.
Later that year, Kenzo filed an opposition notice, which was initially rejected by the European Union Intellectual Property Office’s Opposition Division in 2011.
In 2013, the Board of Appeal upheld Kenzo’s appeal against the trademark and reversed the decision of the Opposition Division.
Tsujimoto then appealed to the General Court in August 2013, which rejected his case in its entirety before he made an appeal to the CJEU.
Tsujimoto argued that the General Court had erred in law. As the ‘Kenzo Estate’ mark includes his forename, he argued that use of the sign was with due cause.
He also stated that the General Court’s reasoning was inadequate as it merely stated that “no due cause has been demonstrated”.
However, Sharpston advised the CJEU to back the ruling from the General Court.
“Mr Tsujimoto’s forename in the sign which he sought to register does not constitute use with due cause,” she explained.
“The bare fact that Mr Tsujimoto would like to use his forename as a trademark does not tip the balance in his favour.”
She then advised the court to reject Tsujimoto’s appeal and order him to pay the costs.
Tsujimoto founded the company that would go on to become Capcom, where he is CEO. Capcom is famous for releasing video games including “Street Fighter”, “Mega Man” and “Resident Evil”.
In 1990 he acquired 3,800 acres of undeveloped land in the southeastern mountains of Napa Valley in California and created a winery. Kenzo Estate makes a wide range of wines and offers tasting tours. It officially opened in 2010, 20 years after Tsujimoto bought the land.
Complete our Reader Survey and tell us what you think about WIPR for a chance win a corporate subscription worth £2450.
Today’s top stories:
Colgate’s ‘360°’ trademark brushed aside by General Court
UPC legislation takes step closer to approval in the UK
Lego secures copyright win in China
Federal Circuit steers patent case back to court
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
