Game over for GAME OF DONER: GAME OF THRONES wins
The fantasy drama series Game of Thrones debuted in 2011 and, over the course of eight seasons, became a globally recognized franchise.
The premiere of its final season in 2019 even set a Guinness World Record for the Most in-demand TV premiere of the year.
Well-known? Without a doubt. A German applicant likely hoped to capitalize on this reputation by filing a trademark application for GAME OF DONER for fast-food services. However, Home Box Office (HBO) opposed the application based on its trademark GAME OF THRONES. It was up to the streaming giant to prove the reputation of GAME OF THRONES within the European Union. Unsurprisingly, HBO succeeded effortlessly, presenting an impressive array of evidence, including 159 Emmy nominations, 59 Emmy awards, and the title of the most licensed franchise in HBO history, with over 100 licensees worldwide. The Opposition Division had no difficulty ruling that GAME OF THRONES was widely known for television and entertainment in the EU.
The Opposition Division compared the signs. Visually, both marks share the distinctive phrase “GAME OF” and both employ a similar typographic style, including a vertical extension in the letters “D” (in DONER) and “T” (in THRONES). Additionally, GAME OF DONER features a dragon within a shield—an element that bears no clear connection to fast-food services but evokes strong associations with GAME OF THRONES, where dragons are a central thematic element.
Phonetically, ‘GAME OF’ in both marks is identical, and the third word in each mark contains two syllables and identical vowel sounds. These similarities led the Opposition Division to conclude that the marks bear at least a low degree of similarity.
A well-known trademark and signs with clear similarities—but to what extent does GAME OF DONER create an association with GAME OF THRONES? GAME OF THRONES undeniably enjoys a strong reputation and the mark has been extended to various sectors, including food and beverages. Next to that, the presence of a dragon in the GAME OF DONER mark further strengthens the conceptual link to GAME OF THRONES. Given these factors, the Opposition Division concludes that the relevant public is likely to establish a connection between the marks.
Consumers would be more likely to choose GAME OF DONER due to its positive association with GAME OF THRONES, without the need for marketing investments. In other words, GAME OF DONER unfairly takes advantage of the reputation of GAME OF THRONES. It is clear who wins this game: GAME OF THRONES proves to be the strongest once again. GAME OF DONER is rejected for all contested products.
Author: Erwin Haüer
Bio: Erwin is a trademark attorney and, as the managing partner, in charge of IT and Information Management. He works extensively with startups and scale-ups, while his clientele also includes numerous multinational corporations. Erwin possesses a sharp wit and a keen eye for remarkable trademark news and curious brand infringements.