Pablo Escobar Inc is a US based company, established by the elder brother of the infamous former leader of the Medellín Cartel. The primary objective of the company is to manage and hold all the intellectual property relating to Pablo Escobar and has been involved in many high profile legal disputes with the likes of Netflix, Apple and rapper ‘2 Chainz’ on foot of the various associated registered trademarks in the USA.
In September 2021, Escobar Inc made an application to the EU Intellectual Property Office (“EUIPO”) for registration of the word sign ‘Pablo Escobar’ as an EU Trademark. EUIPO rejected their application on the basis that the mark would be contrary to public policy and to accepted principles of morality due to the association of Pablo Escobar to drug trafficking and narco-terrorism.
Escobar Inc brought an action against the decision before the General Court (Case T-255/2 – Escobar v EUIPO, 17 April 2024). The Court upheld the refusal by EUIPO to register the trademark on the basis that EUIPO could rely, in its assessment, on the perception of reasonable Spaniards with average sensitivity and tolerance thresholds, and who share the values on which the EU is founded and the principles of democracy, the rule of law, the right to life and physical integrity. Therefore, the registration of the word mark ‘Pablo Escobar’ would be perceived as running counter to the fundamental values and moral standards prevailing within Spanish society.
For more information please contact Bernard King.
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