Monday, March 24, 2014

The trademark battle behind Homer Simpson’s beer.


Duff beer is present in almost every Simpson cartoon.  Homer is Duff’s beer best testimonial throughout many episodes of the cartoon and some episodes are fully dedicated to it and description of many characters turns around this trademark.
 
From fiction to reality, the step was short for those who have thought well to register "Duff" for various product classes (mostly for clothes and drinks).

At a EU level, we saw several breweries stand out with company names which at times recall Homer’s beer. In relatively recent times - January 2010 - German Duff Beer UG has opposed the registration of the same trademark " Duff " by Duff beverage GmbH , disputing the likelihood of confusion.

Faced with this scenario the two German companies probably forgot they had to deal with 20th Century Fox, the legitimate holder of the brand in question, at least at EU level since 1999. In light of this prior registration, Duff beer UG, was refused the application for registration of the mark (Case R 0456/2011- 4).

On his side Matt Groening, has in the past claimed to be contrary to the production of an alcoholic beverage named Duff, in order not to encourage young people to drink .

In Italy just a few days ago the Italian judicial authority was again faced with Duff beer however this occurred on a criminal basis and not from a statutory / administrative point of view.


Prosecutor  Raffaele Guariniello was informed by Police of Verona that products reproducing a brand very similar to " Duff " were introduced in the Italian territory. It was so ordered the seizure of thousands of cans and bottles of beer imported (from Germany! ) by an Italian company.

The  Italian company is now currently under investigation for the "sale of products with misleading signs". More precisely, for putting into circulation drinks with names , trademarks or other distinctive signs are able to mislead the buyer about the origin , source or quality of the product; offense under Article 517 of the criminal code.

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