EU court rejects ‘Pablo Escobar’ trademark bid
General Court rules against a company led by drug kingpin’s older brother that attempted to trademark name | Decision cited concerns about public perception and morality in Spain | “Interesting to see whether criminality is an absolute bar to the registration of personal names” says lawyer.
A Puerto Rican-based company led by drug lord Pablo Escobar’s older brother has been unsuccessful in its bid to trademark ‘Pablo Escobar’.
The General Court of the European Union ruled against Escobar—the official holding company for the deceased Columbian’s IP—on April 17, 2024, rejecting its application for a trademark for various goods and services across the EU on public morality grounds
Escobar was founded in 1984 by Pablo’s brother Roberto, the former accountant and chief of assassinations of the Medellín Cartel.
The company is responsible for managing the assets of the Escobar family, including the licensing of its IP rights.
Escobar argued the court should annul a previous decision rejecting its trademark application, and order the EU Intellectual Property Office (EUIPO) to pay the costs.
Tim Carter, managing associate at Addleshaw Goddard said: "This is one of a small example of cases where the registration of a trademark has been refused as being contrary to public policy or principles of morality.”
Carter said the application was rejected because the public links Pablo Escobar’s name with criminal activity, which is seen as conflicting with the EU values of human dignity and respect.
“It will be interesting to see whether criminality is an absolute bar to the registration of personal names, and where the EUIPO will make any distinction between degrees of criminal behaviour," he added.
Case background
The case concerned Escobar’s application for an EU trademark for ‘Pablo Escobar’ filed with the EUIPO in September 2021.
However, the application was rejected in June 2022—a decision Escobar appealed.
The Fifth Board of Appeal of EUIPO dismissed the appeal on the ground that the mark applied for was contrary to public policy and to accepted principles of morality, in February 2023.
Escobar sought the annulment of the decision.
Public perception of Pablo Escobar
The General Court's judgment focused on whether associating the name ‘Pablo Escobar’ with the goods and services in question would violate public policy or morality.
The court analysed the perception of the relevant public, especially in Spain, where the name holds particular significance due to historical ties with Colombia, Pablo Escobar's home country.
While Escobar argued that the name had acquired mythic status—like other historical figures such as Robin Hood—the court found that, for a significant segment of the Spanish public, ‘Pablo Escobar’ raised images of drug trafficking, violence, and criminality.
The court stressed that when applying EU law, it must consider societal values and moral standards, which, in this case, outweighed any potential positive connotations associated with the name.
The court rejected Escobar’s claims about the presumption of innocence, noting that while Pablo Escobar had not been convicted, public perception still linked him with serious criminal activities.
With this judgment, the General Court reaffirmed the authority of EUIPO to refuse trademarks that run counter to public policy and morality.
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