Pizza Bulls Trademark: Divergent Decisions in UK and EU Highlight Complexities of Global IP

Recently, there have been two different decisions in relation to applications brought by The National Basketball Association (“NBA”) to invalidate the Pizza Texas Bulls Inc figurative UK trade mark. The UK Intellectual Property Office (“UKIPO”) dismissed the NBA’s application for invalidation and the Pizza Texas Bulls figurative mark will therefore remain registered in the UK. Contrastingly, in earlier European Union Intellectual Property Office (“EUIPO”) opposition proceedings, the NBA successfully opposed the registration of Pizza Texas Bulls’ corresponding EU trade mark.

This case highlights the difficulties for rightsholders in enforcing their trade mark rights over third parties who operate in entirely separate business areas and across different jurisdictions.

The UKIPO decision is available here1. The EUIPO decision is available here2.

This article discusses

• Background to the case
• Claims made before the UKIPO
• UKIPO Decision
• EUIPO Decision
• Comment