MILEY CYRUS Wins Lawsuit In Eu

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CJEU (The Court of Justice of the European Union) finalized the case between Smiley Miley, Inc. and Cyrus Trademarks Ltd. The disagreement arose from the EU application of the MILEY CYRUS trademark by Smiley Miley, Inc; owned by famous pop singer Miley Cyrus. Cyrus Trademarks Ltd. then filed an action, claiming likelihood of confusion with its earlier European figurative mark Cyrus. The EUIPO (European Union Intellectual Property Rights Office) partially approved the objection, concluding that consumers' attention will be on the surname rather than the name for the brands that consist of both name and surname, which might lead to likelihood of confusion. Smiley Miley, Inc. took the decision to appeal. After a long legal process, the General Court contradicted the EUIPO decision and ruled that the phrases MILEY and CYRUS were equally distinctive as the trademark in question was the name and surname of a famous person while pointing out that each trademark should be evaluated in its entirety.