He Real Madrid has achieved a definitive victory in the Supreme Court to close the door to the Madrid Women’s Football Club (Madrid CFF), a League F team, can be registered in the patent registry with that name. This is stated in a ruling from last November 7 to which EL PERIÓDICO DE ESPAÑA, from the Prensa Ibérica group, had access for the first time, and in which it is alluded to that the “similarity” between the two brands can mislead consumers. consumers.
The two sports institutions wear white, both have their headquarters in the capital and both strive to be the ‘Madrid’ of women’s football. A direct rivalry that also occurs on the playing field, since right now they are among the first classified in the F Leaguethe First Women’s Division of Spain: Real Madrid is second and Madrid CFF, fifth with just three points difference between them.
The case originated in 2020, when the entity chaired by Florentino Pérez officially launched its women’s section and when the Spanish office of the patents and brand (OEPM) denied the request of the Madrid Women’s Football Club to register the “Madrid CFF” brand. For this reason, the club went to Superior Court of Justice of Madrid, which agreed with him because “it is not observed to what extent an unfair advantage could be obtained with the registration of the new brand” with respect to the white club. Before that same body, Real Madrid prepared an appeal, which is what the Supreme Court has now validated.
Sufficient similarities for the Supreme
This club, founded in 2010, predates the women’s football section of Real Madrid (2020), but for the magistrates of the Third Section of the Contentious Chamber of the Supreme Court “there is no doubt that the ‘Real Madrid’ brand ‘ or ‘Madrid’ in the field of sports clubs or for sporting activity in general, and especially for soccer and basketball, enjoys a deep-rooted international reputation“.
“The shield and arrangement of the letters CFF within it recall the Madrid shield,” explains the ruling. What the Supreme Court fundamentally values in the ruling consulted by this newspaper, however, goes beyond the “identity or similarity of signs”since “it is enough for the public to relate both brands or establish an association or link between them, even if they do not confuse them.”
That is to say, what the public understands by Real Madrid is not limited only to uniting “Real” and “Madrid”, but the term “Madrid” itself is already associated by the consumer with a century-old institution within football. European. And, furthermore, according to the conclusions of the ruling, the fact that the Madrid CFF includes “football club” in its name also can lead to errorsince “the initials CF can make one think that they are products from the same business origin, thus taking advantage of their reputation.”
The name of Madrid CFF, a mystery
This resolution leaves in the air what may happen from now on in a club, which, yes, may continue to use the name of Madrid Women’s Football Club a priori. However, You will not be able to register the Madrid CFF trademark.
The confusion between both brands has been generated from the moment the Concha Espina club joined women’s football, since both have similar kits, similar names and shields that, as the Supreme Court has now demonstrated, have similarities that can lead to error.
The story, however, could have been very different, since the club was founded by a Madrid member who wanted Real Madrid to have a women’s section and who was close to achieving it. However, Florentino Pérez, president of the club, ended up deciding to buy the federative license of Tacón to convert it into what is now the women’s Real Madrid.
2023-11-27 16:22:33
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