As apart of the month long battle between Supreme New York and Supreme Italia (the legal fake label selling similar branded items), the European Unions Intellectual Property Office (EUIPO) ruled against the New York label to become a registered trademark within the European Union.
According to a report by NSS Magazine, the request was put in by Chapter 4 New York (the legal arm of Supreme New York) to register the trademark which would ultimately effect the branding and sales for Supreme Italia. Despite the refusal from the court, the ruling does not apply to the national trademark registration that is protected in each state.
The decision from EUIPO was based on the name of the brand in a descriptive sense and it’s lack of distinctiveness. The word “supreme” is translated in English and romantic-derivative languages as “of the highest quality”, and is more or less perceived as informal language, related to the quality of products and services by the brand. The office also considered the name ‘devoid of distinctive character’, and only used as a promotional message. Because of these reasons, the EUIPO has ruled against registration.
Supreme Italia and the umbrella company in which it falls under, International Brand Firm (IBF) released a comment about the latest verdict, stated by Gianfranco Laneve, Commercial Director of IBF:
“When we were attacked we immediately said that the Supreme Italia brand was not valid because descriptive; yet we have not been heard. We had to undergo injunctions and criminal seizures, as well as an extensive media campaign, also through the unscrupulous use of influencers and social media, which has depicted us as “great counterfeiters” of a strong and internationally known brand. We have been forced to suspend our presence on the Italian market. All this for a brand that we had always supported. Who will repay the damages suffered?”
This most recent ruling however will not affect already placed national registration of Chapter 4, but is expected to see continued court action with both companies.
Cover Image: Via NSS Magazine