No laughing

lmfao-logoLMFAO is a popular music duo, best known for its party rock. LMFAO was not very active last years but before the “break” they had several hits. The name LMFAO stands for Laughing My Fucking Ass Off , i.e. internet language.

LMFAO filed its name in the European Union but ran into opposition of the Spanish Juan Lopez Llinares, proprietor of the earlier mark LMFAO. LMFAO pulled out all the stops: the opposition was filed in two languages​, and thus submitted incorrectly. The European Trademarks Office (OHIM) did not accept this argument: still it was sufficiently clear against which trademark the opposition has been filed.

The argument that the trademark application of the Spaniard was filed in bad faith was also not relevant as this is not an issue during an opposition procedure (how frustrating this might be for the defendant).

The procedure itself  was a quite clear case: two identical marks for identical and many similar products and services. So, the OHIM accepted the opposition against many products and services. Luckily for LMFAO, the opposition was dismissed for “live performances”. If they have any plan to perform again, they can.

Arnaud Bos

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