Basketball player Ginobili loses court case for TM infringement
The Argentinian Court of appeal has confirmed a lower court ruling allowing the company “Gabriel Barreneche SA” to identify with the brand “Manu” with “their products such as toast, breadsticks, croissants, bread, puddings and sweet bread.“
Emanuel Ginobili, the Spur´s Basketball player, had filed an opposition against the trademark application “MANU” arguing that he is “the most important Argentine basketball player who currently performs in the United States,” so that “the brands ‘Manu’ and ‘Manu Ginobili’ are widely seen, well-known, and have prestige and are associated with him.”
The Court of appeal considered that it is indisputable the knowledge that people have of the “sporting values” of Ginobili, however the term “Manu” is not a pseudonym or nickname but a short form which is used among family and as an affective way of calling the people with the name “Manuel”, or “Emmanuel” (…).”
Due to the rulling issued by the Court of appeal, the famous basketball player has lost the case and must pay the costs of the court case.
If you are interested in reading in detail the ruling of the judge of first instance, please click here.