FORMER OWNERS OF COMPANIES CAN BLOCK THE TRADEMARKING OF PERSONAL NAMES, EVEN AFTER SELLING EPONYMOUS BUSINESSES

BY KEITH NUTHALL THE FORMER owners of cosmetics companies bearing their own names can block the trademarking of these titles by subsequent owners, the European Court of Justice (ECJ) has ruled. This judgment came in a case involving Italian fashion designer Elio Fiorucci who had sold Fiorucci SpA and its intellectual property to Edwin Co Ltd, of Japan. Edwin later tried to trademark the name, but its former owner objected, saying his name was not available for branding. The ECJ has now said Fiorucci was acting legally under European law: "The holder of a ...


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