Iceland
In 2016, the Icelandic Ministry of Foreign Affairs, together with several Icelandic organizations, initiated proceedings to invalidate the European trademark registration of “Iceland” owned by the supermarket. According to the Icelanders, the use of this name misleads consumers by falsely implying that the products in the store come from Iceland. After losing in two prior rulings, the supermarket has now appealed to the European General Court. The Court’s decision could set an important precedent for trademark registration involving country names.
Why Alaska but Not Iceland?
In earlier proceedings, the supermarket argued that the name “Alaska” is also registered as a trademark—so why not Iceland? However, in 2022, the Board of Appeal clarified that there are substantial differences between Alaska and Iceland. The Board reasoned that the European public is unlikely to assume that products branded with “Alaska” are actually from Alaska. Alaska is a U.S. region far from Europe. The situation with Iceland, however, is different. Iceland is a sovereign state with strong trade relations with the EU through its membership in the European Economic Area (EEA). Because of this, European consumers are more likely to assume that products from “Iceland” originate in Iceland. According to the Board, Iceland’s situation is more akin to that of Andorra, a country name that also failed to obtain trademark protection since consumers might believe products branded with “Andorra” actually come from there.
Andorra or Alaska
Now, after eight years of legal battles, it’s up to the European General Court to decide: is “Iceland” in trademark terms similar to Andorra—a country name without brand protection—or will it follow in Alaska’s footsteps and retain its European protection? The ruling, however, will likely take several more months.
Bas Kist
Banner photo by Jon Flobrant on Unsplash
