EU court hears 'Binladin®' case

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By Daisy Ayliffe
- 15th February 2006

The EU courts have heard an appeal by a Swiss sportswear company seeking to register the name ‘Binladin’ as a trade mark.

Falcon Sporting Goods brought a case against the EU’s Office of Harmonisation for the Internal Market (OHIM) to the European court of first instance on Wednesday.

The OHIM refused to register the trade name in 2004 saying it was “contrary to public policy and accepted principles of morality”.

“It fell under article seven of community trade mark registration rules,” an OHIM spokesman told EUpolitix on Wednesday.

“It states that trade marks shall not be registered if they are contrary to public policy.”

The ‘Binladin’ trademark is linked to Yeslam Binladin, Osama Bin Laden's half-brother who is connected to the Falcon group.

BinLadin, who intentionally spells his name differently from his terrorist half brother, applied to register his trademark in February 2001.

The application was given the green light by the Swiss authorities - months before the September 11 terror attacks established Osama Bin Laden’s global notoriety.

Following the New York atrocities, the Swiss authorities revoked the Binladin brand namee.

The following year Yeslam Binladin told reporters he no longer intended to use the trade name - but he said he wanted to prevent its misuse by others.

This week the OHIM said Falcon had sought to register the trademark for a whole range of goods.

“From vehicles, leather products, sports wear to audiovisuals,” a spokesman said.

The European court is expected to pass judgment on the Binladin case within three or four months.

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