Compton and Gangsta–Rap
The city of Compton is known for being the origin of West Coast gangsta–rap. “Compton” was registered as a figurative mark in October 2016 for, among other things, travel and carry–on suitcases and clothing. In 2020, New York–based Marketing & Media International GmbH filed an application for a declaration of invalidity with the EUIPO on the grounds that “Compton” is a geographical designation. The city of Compton is located near Los Angeles (USA) and is closely associated with the history of hip hop culture and rap music. The Board of Appeal of the EUIPO ruled in favor of a geographical designation. The trademark proprietor, the Swiss company BIW Invest – known for brands such as Urban Classics, Mister Tee, etc. appealed against this decision to the General Court to have this decision overturned.
City of Compton less recognized by customers after all
The central question was whether the relevant public would perceive “Compton” as a geographical designation. The Board of Appeal focused on the purchasers of streetwear articles or those with an interest in gangsta–rap – but not on the wider public interested in street fashion. According to the applicant, the city of Compton is known to purchasers interested in gangsta–rap.
EGC decided that it is the general public but not just a specialized group of customers which has to be taken into account considering the goods claimed. However, no significant part of the general public was aware of the city of “Compton” at the application date.
To the point
Not every geographical designation is a descriptive feature that prevents it from being registered as a trademark. The correct determination of the relevant public is of great importance in trademark law.
Source: European Union
