Unusual Lawsuit: Batman v. Italian Clothing Merchant
The Batman logo is recognizable enough to warrant trademark status in the EU, a European court ruled on Wednesday, accepting the arguments of US comic book publisher DS Comics in a dispute against an Italian clothing retailer. In 2019, the Italian company Commerciale Italiana asked the European Patent Office EUIPO to cancel the trademark for clothes and objects from "DS Komiks", saying that it does not have a recognizable character, reports the portal Poslovni hr. The American comic book publisher registered the Batman logo with the EUIPO more than 20 years ago. The European Office rejected the request of the Italian company, which appealed to the General European Court. On Wednesday, the judges supported the EUIPO's position.
"The evidence submitted to the General Court is not sufficient to support the claim that the trade mark registered in the EU, a bat on an oval background, was not recognizable at the date of the application for registration," the ruling said.
Because of that recognition, the relevant audience, according to the EUIPO, associates the goods with that trademark with DS Comics and distinguishes them from the goods of other companies, the court concluded. The Italian company can appeal the ruling to the European Court of Appeal.