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Band Loses Trademark Battle

by Ulrika Lomas, for LawAndTax-News.com, Brussels

09 May 2005

Celebrated Irish 'boy band', Westlife have lost their five-year battle to trademark their name, it emerged last week.

A dispute between the band and a German subsidiary of Imperial Tobacco, which had trademarked the term "West" in conjunction with its products, began when Westlife were permitted to register the name as a trademark by the European Community Trademark Office in 2003.

Ruling late last week, the Court of First Instance sided with the tobacco firm's argument that:

"The relevant public might think that the origin of the goods and services marketed under the Westlife mark is the same as that of the goods and services marketed under the West mark, or at least that there is an economic link between the various companies or undertakings that market them."

Consequently, the court ruled that Westlife can continue to use their name on merchandise, but cannot protect it as an exclusive trademark.

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