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Trademark dispute before the ECJ: Fack ju Göhte and the good customs

May registered the film title "Fack ju Göhte" as a trade mark and so be protected or is that against the "good morals"? In addition, the European court of j

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Trademark dispute before the ECJ: Fack ju Göhte and the good customs

May registered the film title "Fack ju Göhte" as a trade mark and so be protected or is that against the "good morals"? In addition, the European court of justice in Luxembourg negotiated today.

If you will have to dig a lot through court rulings and official pronouncements, one can say with justification, that The words "fuck you" in there, is relatively rare. Unlike the judgment of the European court in Luxembourg, which will now be reviewed in second instance. What should the judge, when it comes to the German hit film "Fack ju Göhte"? In the heart of the film: One false teacher with his more educated and education frustrated students. In the meantime, there are three parts of it on the screens.

Goethe's estate administrator has no objections

Why is here a court in the game? Has complained Goethe's family posthumously, because she sees the honor of the Prince of poets in danger? Not in the least. The administrator of the estate of Goethe, Prince Michael of Saxe-Weimar-Eisenach, has no Problem with the Film. The dispute raised, he says: "of Course, I found the Film quite well. First of all, you can't escape the Film, when the youth finds him well. I have seen children from all walks of life, who were consistently enthusiastic."

Tasteless, vulgar and immoral

The courts came to the game, because here not only the box office will ring to alert you. The Constantin film company want to make your success even otherwise to money, keyword: "Merchandising". Clothes, beer, Laundry detergent, instructional and teaching material with the lettering "Fack ju Göhte" - all this and much more would like to bring to the market. Can you make money, but only if there is not any third party uses the logo for his products. To prevent this, you need to a brand to enter. For a EU-wide trademark protection, it goes to the "office of the European Union Intellectual property", with headquarters in Alicante, Spain.

there is word that the fun stopped at the F -. Tasteless, vulgar, and immoral - registration rejected, was the decision of the office in the short version. The auditor referred to in article 7 of the relevant EU-regulation. It says: "From registration are excluded (...) trade marks which are contrary to public order or good morals, ( ... )."

With the "Fack ju Göhte" would be vilified "(...) a highly respected writer such as Johann Wolfgang von Goethe posthumously in a derogatory and vulgar manner, ( ... ), and incorrect spelling (...)".

Fack ju Göhte is a Violation against the public order? In addition, the ECJ wants to be the judge. (Photo: movie scene)

EU court sees a violation of "good morals"

The film society moved to the court of the European Union. The title of the film was not meant as a vulgar insult like the English expletive "fuck you", but as a joke, you should not at face value. Just the incorrect spelling of do. Also, the millions of movie-viewers would have understood this.

The EU-court in mind, however, is not fun, and ruled that the refusal of the word mark "Fack ju Göhte" was in order. "Fack ju" and the same-sounding English expression "fuck you" is "characterized by an innate vulgarity (...)".

It was not crucial, what is, for example, visitors to the cinema of the "Fack ju Göhte" hold or adolescents. What matters is, what is the normal average consumer think when he sees the inscription, for example, a detergent, or a T-Shirt. And since the court found that This expression is so vulgar, that the ordinary average consumer of it, is shocked. The film company wants to have the fun but do not spoil. Now the European court of justice (ECJ), reviewed the case, i.e., the highest court in the EU. Today will be negotiated in the Luxembourg court.

Commerce around Goethe on the agenda

Now it is not so, that with the good old Goethe, no advertising would be operated. Especially in Weimar. There, ducky finds in the gift shops, for example, by Goethe mugs, Goethe-saving doses or Goethe-Squeaky. The absolute best seller is currently the Goethe-play mobile male, you've already sent to Shanghai, you can hear from the souvenir shops there. How tasteful all of this, surely it can be argue. Just like "Fack ju Göhte" and the controversial breach of good manners.

would have to be decided How the great Goethe himself? The dimensions of the well-known "now, alas! (...) Law ( ... )" studied, "with hot Bemühn". We don't know it. Only one thing is for sure: In the final judgment of the court in a few months will again happen quite frequently, the F-word. With "u" and also with "a".

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