The Düsseldorf Regional Court has ruled that the EU trademark “Malle” for parties is legally valid in the context of the preliminary injunction proceedings conducted here. This is because the “Malle” trademark is registered. The fact that an application to cancel the “Malle” trademark for entertainment events has been pending at the European Trademark Office in Alicante since February 2019 does not change the legal validity of the trademark. In particular, the trademark is not manifestly unprotectable. To this end, it would have to be established that at the decisive time of registration in 2002, the name “Malle” was a geographical name for the island of Mallorca and should not have been registered as a geographical name. However, the applicant did not sufficiently argue and credibly demonstrate this in the preliminary injunction proceedings before the Düsseldorf Regional Court.

In more than 100 preliminary injunction proceedings, the owner of the EU trademark “Malle” had taken action against party organizers who organized events under the titles “Malle Party”, “Malle im Zelt”, “Malle Break” or – as in the now decided legal dispute – “Malle auf Schalke”, among others. Only some of those affected had defended themselves against the injunctions. The Düsseldorf Regional Court has now ruled for the first time. The decision is not final (Düsseldorf Regional Court, judgment of November 29, 2019, Ref.: 38 O 96/19).