Court Ruling: 'I Love' Slogan on Garments Not Granted Copyright Protection in EU - Europe's judicial body rules against trademark protection for the phrase "I love" on garments
The EU General Court recently ruled against the trademark protection claim of sprd.net AG, a German-based company, for the "I love" design placed on clothing in specific locations. The court's decision, made in cases T-304/24 to T-306/24, means that the company will not be granted exclusive rights to the "I love" design used in specific positions on garments.
The court's decision is significant for trademark protection in the fashion and apparel industry, highlighting the challenge of registering widely used phrase/design marks as exclusive positional trademarks. The ruling emphasises the limits of trademark protection for designs that are common or lack distinctive character when placed in specific locations on clothing.
The case was heard at the Court of Justice of the European Union in Luxembourg, and the decision upheld the earlier decision of the EU trademark office, EUIPO, which had dismissed the company's application for the "I love" design as a positional trademark on clothing. The decision affects the registration of the specific combination of "I" and a heart symbol as an EU trademark on clothing items in the specified locations, notably on the back neck area.
The EU trademark office rejected the registration of the position marks due to a lack of distinctiveness. The judges stated that the symbols do not distinguish the goods in question from those of other companies. Instead, consumers perceive the symbols as common expressions of affection rather than as a trademark of a particular company.
The position marks in question were the "I" with a heart symbol in three specific locations: the left chest area, the inner label, and externally in the neck area. The court's decision does not affect the registration of other similar designs or the trademark rights of sprd.net AG in other areas.
This ruling serves as a reminder for companies seeking to register positional trademarks to ensure that their marks are distinctive and meet the necessary criteria under EU trademark law. The court's decision reinforces the principle that trademarks should function as indicators of origin and not as mere decorative elements.
The ruling from the EU General Court underlines the requirement for businesses pursuing positional trademarks, such as vocational training programs, to ensure their marks are distinctive and conform to the necessary criteria under EU trademark law. This case, involving the "I love" design on clothing, further demonstrates the difficulty in registering widely used phrases or designs as exclusive positional trademarks, especially when they lack distinctive character or are common expressions, and may have implications for finance in the fashion and apparel industry.
