Golden Ball owner UK loses trademark battle against Golden Balls

BRUSSELS (Reuters) – Editions P. Amaury, which holds the rights to the Ballon d’Or, lost a trademark battle against Britain’s Ballon d’Or on Wednesday, with a European court upholding the agency’s decision. Broadcast rights and books.

However, the Luxembourg court, Europe’s second highest court, restored the Ballon d’Or’s trademark rights for entertainment services, saying the European Union Intellectual Property Office (EUIPO) was wrong to invalidate them.

The Ballon d’Or is awarded to the best male and female footballers of the year.

A dispute between the Ballon d’Or and British sportswear company Golden Balls began in 2017, when the British company asked EUIPO to cancel the former’s trademark for non-use.

EU laws allow third parties to do this if marks are not used within five years. Patent firm Golden Balls backed and revoked Ballon d’Or rights for certain products and services last year.

This prompted the French company to go to the Court of First Instance to recover its right to broadcast or produce TV shows, programs, films, entertainment and publishing rights to books, magazines or newspapers.

The court agreed with the patent administration.

“The company did not prove the actual use of the mark in question in connection with these services, which led the court to confirm the decision of the European Union Office for Intellectual Property to withdraw the mark associated with those services,” the court said. .

On the one hand, the judges overturned the decision of the EU intellectual property rights movement.

“The Ballon d’Or awards ceremony should be filed under the controversial tag of entertainment,” they said.

Parties can appeal legal issues to the Court of Justice of the European Union (CJEU), the highest court of Europe.

This is Case T-478/21 Les Editions P. Amaury v EUIPO – Golden Balls (BALLON D’OR).

Reports of Fu Yun Tse. Editing by Emilia Sithole Metaris

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