Case fileReal
Sanrio Co., Ltd. v. Bifulco Distribuzione (HAPPY ANGELS)
A rare Sanrio loss: its copyright-based attack on a “HAPPY ANGELS” mark failed because it could not prove it owned a protectable copyright in the stylised cat face.
Sanrio Co., Ltd. (invalidity applicant),
Plaintiff,
v.
Bifulco Distribuzione (registrant),
Defendant.
Docket No.Cancellation ICD 4404 C; appeal R 1925/2011-4
CourtEUIPO Cancellation Division; Fourth Board of Appeal
Filed2010
StatusDecided
The record
- Court
- EUIPO Cancellation Division; Fourth Board of Appeal
- Jurisdiction
- European Union
- Docket No.
- Cancellation ICD 4404 C; appeal R 1925/2011-4
- Filed
- 2010
- Resolved
- 2012
- Sanrio’s role
- Petitioner
- Type
- Trademark
- Claims
- Invalidity under Art. 53(2)(c) CTMR — earlier German copyright in the Hello Kitty character
- Counsel — plaintiff/petitioner
- Boehmert & Boehmert
- Counsel — Sanrio side
- not public
What happened
A rare Sanrio loss: its copyright-based attack on a “HAPPY ANGELS” mark failed because it could not prove it owned a protectable copyright in the stylised cat face.
Outcome
Request rejected; appeal dismissed (16 May 2012). Sanrio could not prove authorship/ownership or that a “highly stylised cat face” is a protected work; ordered to pay EUR 1,000.
The legal nuance
The mirror image of Sanrio’s China wins, where copyright in the character usually carries the day. In the EU here, it could not clear the authorship bar.
Sources of record