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Constantin Film Produktion GmbH v. European Union Intellectual Property Office (EUIPO)

Case C-240/18 P (2020)

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Constantin Film Produktion GmbH v. European Union Intellectual Property Office (EUIPO)

European Union Court of Justice
Case C-240/18 P (2020)

Facts

Constantin Film Produktion GmbH (Constantin) (plaintiff) sought to register a trademark consisting of the words “Fack Ju Göhte,” which was the title of a movie released by Constantin in 2013. The movie was a major box-office success in Germany and Austria, spawning two sequels. The European Union Intellectual Property Office (EUIPO) denied the application due to the intentional similarity of the words “Fack ju” to the vulgar English expression “Fuck you.” The EUIPO cited a provision that allowed for the refusal of trademark applications on moral grounds. The EUIPO appeals board upheld the rejection. Constantin asked the European Union General Court to annul the EUIPO decision, arguing that the decision to reject a trademark application on moral grounds required the EUIPO to take the perception of the relevant public into account. The court dismissed the action. Constantin appealed the dismissal to the European Union Court of Justice.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

Intellectual Property

Key Terms