Mr.
Yuan-Hu Lin (Mr. Lin), a successful rally car racer of Taiwan, was ruled unable
to register “Black Mamba” as trademark because “Black Mamba” is the stage name
of Kobe Bryant, the worldwide famous LA Laker’s former shooting guard.
Article
30.1.13 of Taiwan’s Trademark Law provides that: “A trademark shall not be
registered in any of the following: …containing another person’s portrait or
well-known name, stage name, pseudonym, or alternative name, unless the said
person consents to the application”.
The
IP Court found that although the disputed mark was stylized and presented the
image of an attacking black mamba (i.e., the snake), the overall appearance and
impression of the disputed mark may still be viewed and perceived as the word
“black mamba”. The IP Court further noted that stage names do not necessarily
refer to the names used by movie or TV celebrities only. Professional athletes,
who also provide highly entertaining experiences through performances in competing
sports events, may also be viewed as celebrities and thus may use stage names.
Since
as early as 2010, according to KOBE, the term “black mamba” has been widely
used, both in Taiwan and foreign countries, to describe the future Hall of Famer Kobe Bryant and his aggressive style of playing basketball. The IP Court
found KOBE’s above statements persuasive in view of the voluminous supporting
materials, including news report, social media discussion, and the associated
merchandise. As such, the IP Court ruled that “Black Mamba” has been a famous
stage name referred to the former LA Laker’s superstar, and is eligible for
protection as moral right. Hence, no one should be able to register a trademark
containing such name without Kobe Bryant’s consent.
Mr.
Lin tried to justify the disputed mark by arguing that the registration of the
disputed mark was actually based on his nickname “black mamba”; and that his
fan base is totally different from that of Kobe Bryant, so that the
registration is out of good faith without intent to create confusion. However, the
IP Court found the arguments unpersuasive, because the evidence submitted by
Mr. Lin is only fan discussions limited on specific social media platform,
without wide news coverage or reputable reports as presented by KOBE. Such
evidence is insufficient to prove that at the time of the registration of the
disputed mark, the word “black mamba” is directed to Mr. Lin and perceived as
his nickname in the relevant consumers.
Based
on the forgoing reasons, the IP Court affirms Intellectual Property Office’s
decision in cancelling Mr. Lin’s disputed mark. We will see whether there will
be appeal challenging IP Court’s judgment.
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