Battle football celebrities

03 November 2020

Recently a decision was taken by the EUIPO in an interesting case between football celebrities. On one side Jurgen Klinsmann, one of the best German football players ever, and on the other side Panini, the publisher from football pictures.

Panini is using a football player as a logo. Klinsmann too, although the football player is designed in a different pose. Nevertheless, Panini found that the logos were too similar and filed an opposition. The EUIPO agreed with Panini: there could be some confusion.

Klinsmann appealed which resulted in a decision of the Board of Appeal in favour of Klinsmann. The opinion of the Board is the total opposite of that of the opposition division: there is no similarity at all between the signs! The Board is not willing to go into details about the techniques of a football kick (a half kick, a whole kick) – the relevant public will not do that either - but looks at the overall impression of the two trademarks and sees that there are many differences (a three-dimensional drawing versus a two-dimensional drawing, a circle etc). So, the conclusion is that the two trademarks do not resemble and the opposition is rejected after all.

You should say, after the 1-0 of Panini, Klinsmann scores the 1-1!

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