Iceland Foods has begun the latest appeal in its ongoing trademark battle with the Icelandic government.
On 16 October, executive chairman Richard Walker appeared at the General Court of The European Union in Luxembourg, to provide opening statements in the supermarket’s appeal against the EU Intellectual Property Office’s (EUIPO) decision in December 2022 to uphold a 2019 ruling that stripped the supermarket of its EU trademark protection for the word ‘Iceland’.
It’s the third round of legal proceedings in what is now an eight-year legal battle with the Icelandic government over the use of the word Iceland when selling products into the EU.
The supermarket first secured the EU trademark in 2014. However, in 2016, the Icelandic government lodged a legal challenge after the Deeside-based retailer repeatedly attempted to block Icelandic producers from using their country’s name to market products.
Iceland exports to franchises in several countries globally through its wholesale arm, including many in the EU. There is also a single Iceland store in the Icelandic capital Reykjavik.
The 2022 decision does not affect Iceland Foods’ ability to operate or sell its own products in the EU, but it means it cannot claim a monopoly on the use of the word in the bloc.
Iceland has not revealed the basis of its latest appeal.
The latest proceedings could typically take up to a “year or so”, said Lee Curtis, partner and trademark attorney at IP firm HGF. Iceland would have one further legal route of appeal left were it to lose, with the Court of Justice of the European Union.
Iceland Foods did not provide a comment, other than that it anticipated the case could carry on for “years”.
However, Walker has commented in posts across social media.
“It’s a fun headline and a seemingly quirky case…but for me personally and our family business it’s a really important issue…,” Walker said on LinkedIn.
“We have always understood our name to depict ‘land of Ice’ rather than making any reference or insinuation to Iceland as a country.
“And we of course will protect our business and identity – but have never tried to stop Icelandic businesses from using ‘Iceland’ descriptively to promote their products,” he added.
Separately, the supermarket recently threatened legal action against rival grocers who copied its ‘iconic’ prawn ring this Christmas, and retrospectively lodged trandemark applications, a move dismissed by IP lawyers as a marketing ploy.
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