Ukraine’s bravery and daring in the face of Russian aggression marks a stark contrast with European – or at least EU – lethargy and disinclination to take sides. A recent spat over, of all things, European trade mark law is a case in point.
In early 2022, a soldier on the desolate Snake Island in the Black Sea famously added to Ukrainian folklore by greeting the Russian cruiser Moskva, which had come to take over the island, with the words ‘Russian warship, go f**k yourself’. This slogan quickly became hot merchandising property. Kyiv understandably decided to put to work to aid the war effort: it applied to register the phrase as a European trade mark, on the basis that if anyone should be allowed to profit from its use, it should. But their pleas fell on deaf ears. Although the Ukraine Defence Ministry has been doughtily fighting this corner for nearly two years, the European Intellectual Property Office (EUIPO) in Spain has consistently rebuffed its efforts.
Why? The arguments from the cream of Europe’s intellectual property lawyers certainly haven’t lacked variety.
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