Messi finally wins long-term trademark dispute regarding ‘Massi’
After nearly ten years of legal dispute, Lionel Messi has won exclusive rights to the trademark “MESSI” in the European Union. The Court of Justice of the European Union (CJEU) upheld a previous ruling by the General Court of the EU, dismissing appeals by the EU Intellectual Property Office (EUIPO) and Spanish company J.M.-E.V. e hijos S.R.L.
In 2011, Messi applied to register the
trademark for various products, including clothing, sports equipment, and protective gear. However, the application was challenged by J.M.-E.V., which held rights to a similar mark, “MASSI,” covering comparable goods. The EUIPO sided with the company, citing potential confusion among consumers due to the similarity of the marks.
The key issue was whether the public could confuse “MASSI” with “MESSI.” Initially, the EUIPO argued that both names shared the same market, distribution channels, and consumer base, and thus, posed a likelihood of confusion.
However, the General Court and the CJEU have now rejected this view. The courts emphasised that Lionel Messi is a globally recognised figure, and even the average EU consumer would immediately associate the name “MESSI” with the football star. Therefore, the potential for confusion with the mark “MASSI” was minimal.
Notably, the ruling highlighted that EUIPO had erred in interpreting the relevant public. The court criticised the agency for not taking into account Messi’s public reputation, which is considered a “well-known fact” that could have influenced the outcome even if not formally submitted as evidence.
Ultimately, the CJEU concluded that the names are sufficiently distinct in the minds of the public, especially given Messi’s fame. This decision secures Messi’s rights to market his name across the EU and sets a precedent for how personal fame can influence trademark disputes. More info on the link