In 2011, soccer player Lionel Messi registered the term “MESSI” for sportswear and sporting goods as a European Union word mark. The trademark owner of the sign “MASSI” filed an opposition against this, as he saw a likelihood of confusion between the two signs. Following different decisions by the European Trade Mark Office and the European Court of Justice, the European Court of Justice has now ruled. There is no likelihood of confusion between the two signs within the relevant public. The fame of the person Lionel Messi plays a decisive role in this. The name is so well-known that it is not easily confused with other terms (ECJ, judgment of 17 September 2020, ref.: C-449/18).
Are you a law firm outside Germany? We act as German and European counsel for foreign firms in trade mark, copyright and unfair competition matters, and the client relationship stays on your side. How we work with foreign law firms.
