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And finally… overcame | Scottish Financial News
A German businessman has won the right to use Donald Trump’s name on condoms following a dispute over trademark rights to the former president’s Scottish golf resorts.
Frank Lindner sought to trademark the name “Trump” for several products, including beer, wine and contraceptives. Trump’s representatives disputed this, arguing that Lindner’s products were too similar to those sold at Trump Turnberry in Ayrshire and Trump International Golf Links in Aberdeenshire.
The case was heard by the European Union Intellectual Property Office (EUIPO) in Spain. The EUIPO ruled that although Lindner could not register the Trump name for alcoholic beverages, he could proceed with the trademark for condoms, as these were not among the products already bearing the Trump name at his resorts, and their nature , purpose and distribution channels were sufficiently different from those of Trump products.
The EUIPO decision states that “the contested condoms are different from the opponent’s products”, explaining that “their natures, purposes and methods of use are different. Their producers/suppliers do not coincide and they do not share the same distribution channels”.
EUIPO added: “Furthermore, these products are neither complementary nor competitive and are intended for different end users.”
This dispute has been ongoing since December 8, 2021, when Lindner first filed a trademark application for the name “Trump” with the EUIPO.
He argued that Trump’s right to exclusive use of the trademark throughout Europe should be revoked on the basis that the marks were not used in a genuine manner over a period of five years.
In November 2023, the EUIPO ruled in favor of Trump, saying “the revocation request must be rejected as unfounded.”