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Intellectual Property Law

: IPKat

EPO implicated in Golden Balls dispute

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

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There must have been some mighty celebrations in the pubs of North West London tonight following the news, reported by the Telegraph ("Golden Balls dispute ends as couple win legal victory over Ballon D'Or organisers") that Gus and Inez Bodur had triumphed in a case that marked a new low for legal reportage of IP disputes.

Back in 2002 the Bodurs apparently set up a company which they felicitously named Golden Balls, for the purpose of making t-shirts and boxer shorts. They later licensed their name for use by Endemol UK Plc in a TV game show starring Jasper Carrott. However, within weeks of agreeing the deal the couple were challenged by French firm Intra Presse, organisers of the Ballon D'Or [French for 'Golden Ball'], the European Footballer of The Year Award.

The French company said that the use of the name Golden Balls was an infringement of their award and asked for all the Bodurs' rights to be transferred to them. But

"... last week after a case that cost Ł100,000, the European Patent Office ruled in the Bodurs' favour".

The IPKat is astonished at this. When, he wonders, did the European Patent Office have jurisdiction to hear any infringement claims, let alone those involving a company name, trade name or trade mark -- it's not clear which. Merpel's not so surprised: it was probably some sort of business method patent, she thinks ...

Mr and Mrs Bodur will be seeing their local Member of Parliament Mike Freer this Thursday, asking him to get the law changed so small businesses can afford to fight the large companies with help via Legal Aid. IPKat team member Jeremy is really excited by this, since Mike Freer is his MP too, and he is curious to discover what the good Parliamentarian knows about intellectual property. His previous claim to fame rests on his fateful decision to lose Ł27.4 million of Barnet Council's money by investing it in an Icelandic bank, so maybe this will be a chance for him to redeem himself.

More Golden Balls here and here

Full post as published by IPKat on July 05, 2010 (boomark / email).