Soccer star Arturo Vidal successfully protects trademark

By Aguayo, Ecclefield & Martínez (AEM Law Firm)

The case dates back to 2016, when advertising company Asesorías Publicitarias Hueso Santo SPA was granted the trademark "King Arturo" ("Rey Arturo" in Spanish) from the National Institute of Industrial Property (Inapi) of Chile, to name mineral waters, soft drinks, isotonic and energy drinks. The company also applied for the trademark registration of a logo with the initials "AV".

Chilean and worldwide soccer star Arturo Vidal, one of the most popular persons of the country and currently playing for German powerhouse FC Bayern Munich, asked for the cancellation of the trademark arguing that "King Arturo" is the translation of his nickname "Rey Arturo" and is the nickname by which he is recognized in non Spanish speaking countries, for which its commercial use could generate deceit in consumers with respect to the origin and quality of the offered products. He also stated that the "AV" logo is a copy of a renowned tattoo with his initials that he has on his neck since 2014.

In its defense, the company argued that the name "King Arturo" does not belong to Vidal and isn´t in any way related to him as it refers to a famous character of European literature: King Arthur. tattoo is inspired on a design made by the company that in the past was commercially offered to Vidal and that he rejected to use but nevertheless later imitated without authorization.

Finally, on 17 May Inapi ruled in favor of Vidal and canceled the "King Arturo" trademark.