“The War of Trademarks: The Rejection of ‘Pablo Escobar’ by the EU”
The decision of the General Court of the European Union (GCEU) to uphold the rejection of the application to register the name “Pablo Escobar” as an EU trademark has sparked renewed discussions about the association of the legendary Colombian drug lord’s name with organized crime and narco-terrorism.
The case began in September 2021, when Escobar Inc., a company based in Puerto Rico, submitted an application to register the name “Pablo Escobar” as an EU trademark for a wide range of products and services. However, the application was rejected by the EUIPO, which stated that the trademark was contrary to public policy and moral principles, as it is associated with organized crime and the negative impacts of drug trafficking.
Escobar Inc. contested this decision before the General Court of the EU, but the court’s decision upheld the refusal to register the “Pablo Escobar” trademark. The GCEU emphasized that the EUIPO had the right to rely on the perception of the broader Spanish public, which associates the name Pablo Escobar with organized crime and narco-terrorism.
While Escobar Inc. argued that Pablo Escobar should also be remembered for actions that benefited Colombia’s poor, the GCEU dismissed this argument. According to the court, public perception focuses on the negative aspects of Escobar’s legacy rather than any potentially positive contributions.
The court also noted that appeals against acts of EU bodies are possible under certain conditions to address potential violations of EU law.
This decision by the GCEU could have broader implications in the field of intellectual property and advertising, reflecting the sensitivity of public opinion regarding the use of a name with a strongly negative historical connotation. Although an appeal to the Court of Justice remains possible, the GCEU’s decision stands as a significant precedent in the management of trademarks at the European level.
The full text of the decision is available in English and French on the CURIA website.
