Ferrari Purosangue vs. Purosangue Charity

Source: businesselitenews.com

“Purosangue” is the trademark chosen by Ferrari for its first SUV ever. “Purosangue” is an Italian word meaning   “thoroughbred”   and “full-blooded” and it is very often used for horses. Usually done by multinational companies very attentive to IP protection, “Purosangue” has been filed for registration in several countries.  

It happened that “Purosangue” trademark was also registered by a charity organization, which is involved in the fight against doping in the sport, and its trademark is blocking the registration of the European trademark filed by the automotive company. The charity has obtained the registration in 2013 in class 25 for clothes and similar products, as “promotion for the public benefit of participation in healthy recreation by providing facilities for sport and the improvement of health and fitness”.

When finding the attempt of Ferrari to register the same trademark, in order to friendly solve the matter, before arising the opposition, the charity raised the opposition to the registration filed by the automotive. 

Source: terradicuma.com

Indeed, the foundation, exploited the rule established by the European system, according to which the third party may raise an opposition within three months of publication of the EU trademark application. 

Consequently, they blocked the identical registration, arguing – among others – their earlier registration for the same wordmark and proving the several evidence of the commercial use collected since 2014, including a joint venture with Adidas to create clothing and footwear branded with the “Purosangue” name.

In response to this move, Ferrari decided to proceed against the charity organization, claiming that it has not made sufficient commercial use of “Purosangue” since registering it as a trademark back in 2013, and therefore is not entitled to exclusive use of the term. 

Ferrari filed a cancellation aimed to remove the similar trademark from the Italian trademark register. The case will be heard by a court in Bologna, in Italy, on March 5, 2020. 

Currently we still do not know who will win the legal battle, however, we will closely follow the case and keep you posted. 

No “Purosangue” blood has been spilled yet!
Silvia CapraroHFG Law&Intellectual Property