Case ENYA: A battle for the protection of the effort, prestige, and image of an artist

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On this interesting case we managed to protect the signature and trademark of our client, the Irishwoman and artist EITHNE NÍ BHRAONÁIN known as ENYA, as well as her image and prestige against the registration of the trademark ENYA (+Graphic) requested by HUIZHOU ENYA MUSICAL INSTRUMENT CO., LTD. This company, which has no relation whatsoever with the artist, tried to reproduce and appropriate our client´s pseudonym through which she is commonly identified and which she uses as her signature to identify her work of art.

The main argument presented in our opposition lies on the imminent risk of confusion that could derive from allowing the registration of the requested trademark, so long as the prestige and recognition of the artist would lead the musical industry consumers to directly associate the requested trademark with our client´s identity. Furthermore, the graphic element of the requested trademark identically, literally, and blatantly reproduces the signature of the artist, with which she identifies the artworks of her musical albums.

Due to the fact that the requested trademark would be exploiting and taking advantage of the recognition and image acquired by our client, the Trademarks director denied the registration of the trademark ENYA (+Graphic) requested by HUIZHOU ENYA MUSICAL INSTRUMENT CO., LTD.

Thus, we managed to protect the effort, prestige, and image of our client EITHNE NÍ BHRAONÁIN (ENYA).

If you seek protection for your trademarks and intangible property, contact us at our email: tum@tumnet.com