Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-09/cp200108en.pdf

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Court of Justice of the European Union

PRESS RELEASE No108/20

Luxembourg, 17September2020

Judgment in Joined Cases C-449/18P EUIPO v Messi Cuccittini and C-474/18PJ.M.-E.V.e hijos v Messi Cuccittini

The Court of Justicedismisses the appeals brought by EUIPO and a Spanish company against the judgment of the General Court authorising footballplayer Lionel Messi to register the trade mark ‘MESSI’ for sports equipment and clothing

In August 2011, the footballer Lionel Andrés Messi Cuccittini filed an application with the European Union Intellectual Property Office (EUIPO) for registration of the following figurative sign as an EU trade mark, inter alia for sports and gymnastics clothing, footwear and equipment.

In November 2011, Mr Jaime Masferrer Coma filed a notice of opposition to the registration of the mark applied for by MrMessi Cuccittini, alleging a likelihood of confusion with the EU word marks MASSI, registered,inter alia,for clothing, footwear, cycling helmets, protective clothing and gloves (the rights to those marks were transferred in May 2012 to the Spanish company J.M.-E.V.e hijos).1In 2013, EUIPO upheld the opposition. MrMessi Cuccittini lodged an appeal with EUIPO against that decision. In April 2014, EUIPO dismissed the appeal, due, essentially, to a likelihood of confusion between the signs MASSI and MESSI. MrMessi Cuccittini then brought an action before the General Court of the European Union for annulment of EUIPO’s decision.2By its judgmentof 26April2018,3the General Court annulled that decision, considering that the footballplayer’s reputation counteracted the visual and phonetic similarities between the two signs and excluded any likelihood of confusion.

EUIPO and the company J.M.-E.V.e hijos lodged appeals against the judgment of the General Court.

In today’s judgment, the Court of Justice dismisses both appeals.

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