Luxembourg, 20/09/2002 (Agence Europe) - The Picasso estate continues to oppose the registration of the Picaro brand by the German DaimlerChrysler company. The reason cited is the visual and phonetic similarity between Picaro and Picasso (brand used by Citröen). This similarity has not convinced either the Trademark Office or the Board of Appeal Commission). The Picasso estate has just been to the European Court of First Instance, which will decide if opposition from the Picasso legacy is valid. One of the questions posed was whether the European consumer would confuse the term Picaro and Picasso. The Trademark Office gave a negative answer - Pi-cas-so and Pi-car-ro do not have the same syllable in common. This is enough to distinguish the two brands from a phonetic point of view, it concluded. In Spanish, the word Picaro is the name of a Spanish adventurer and hero from literature ("picaresque": Editor's note). It has many other meanings such as vile or impish etc.
The Appeals Court has not noted other tonal differences in accent that focus on the same syllable. The Picasso estate is continuing with its opposition and has asked the Court of First Instance to cancel these two decisions.
Certain legal experts point out that this affairs could technically be brought before the European Court of Justice where questions of rights in this area are numerous and the financial stakes enormous.
EUROPE is able to point out that on a lesser scale of world-wide notoriety, the authors of the Asterix cartoon strip, Albert René publications is opposing the Starix brand, which an Italian company has applied to use. This opposition has also been rejected by the Trademarks Office and by an appeals chamber. (see EUROPE 4 June 2002).