Viagra, Viaguara - Let's Call the Whole Thing Off

Submitted by patentadmin on Thu, 01/26/2012 - 12:52

Normally we stick to IP stories from the U.S. But we couldn't pass up this gem of a
trademark tale
which, though it hails from the European Union, involves a well-known drug from a well-known American company.

A high court in the E.U. ruled that a Polish company called Viaguara can't register their name as a trademark for energy drinks and alcoholic beverages because of its similarity to Viagra - which, of course, is the name of the impotence pill produced by the U.S. pharmaceutical company Pfizer Inc.

The court said that the "mental link" between the effects of Viagra and Viaguara's drinks would be "dangerous" because the consumer might, for instance, buy the non-alcoholic beverages expecting much more than a mere energy boost.

Pfizer, of course, was pleased with the court's ruling.

"[T]he public would likely establish a 'link' between the two marks and Viaguara would take unfair advantage of the distinctive character or the repute of Pfizer's well-known trademark," the company said in a statement.

Lesson to be learned: Don't expect that all consumers will notice minor spelling differences between your trademark and similar ones, and be careful not to get their hopes up.

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