Still a big thing in Europe, the Eurovision Song Contest, which recently took place. The winner of this edition was Sweden.
Last year the widely discussed Conchita Wurst won the contest. With her/his sudden worldwide reputation, the name Conchita Wurst was filed by the manager for – amongst others – entertainment, CD’s and clothing. Right in time, you might say, because an entrepreneur recently filed the same trademark for sausage (in German a wurst is a sausage, making Conchita Wurst a fabulous trademark for sausages).
Rene Bertho, the manager of Conchita Wurst, filed an opposition. But can Conchita Wurst act against a sausage? No, the goods and services are of course not similar at all, confusion is not given. The opposition was also based on the reputation of the trademark, a good basis in this respect as there is a clear intention to take advantage of the reputation of Conchita Wurst. But a reputation has to be proved, and since no evidence of the reputation was submitted, the European Trademarks Office rejected the opposition.
And now Conchita Wurst must share the name with a sausage.
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“Trademark protection gives freedom to do business.”