European Union Intellectual Property Office and Commission v. Instituto Dos Vinhos Do Douro E Do Portoip and Portuguese Republic

Instituto Dos Vinhos Do Douro E Do Portoip (IVDP) (plaintiff) owned a designation of origin for names in different languages composed either of two elements: “Port” or “Porto” and “wine,” or one element: “Oporto” or “Porto.” IVDP contested the mark Port Charlotte due to alleged infringement of IVDP’s designation of origin. The European Union Intellectual Property Office (EUIPO) (defendant) Board of Appeal (the board) found that the mark Port Charlotte did not use or evoke the designation of origin “Porto” or “Port.” IVDP appealed. The general court agreed with the board’s finding. The general court found that the relevant public, an average European consumer, would understand the mark Port Charlotte as designating a harbor named after a person called Charlotte without associating the mark with the designation of origin “Porto” or “Port” or a Port wine. The general court noted that the primary meaning of the word port in English and Portuguese is harbor. The general court explained that because the mark consisted of the term Port and the first name Charlotte, the relevant public would perceive the mark as a conceptual whole unit referring to a harbor with which a first name is associated. Therefore, the general court found the relevant public would not perceive in the mark any geographic reference to the Port wine covered by the designation of origin. IVDP appealed. IVDP argued that, contrary to the general court’s assertion, the word port does not exist in Portuguese.