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Dispute over "Ceausescu" trade mark

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

German news sites RP-Online and Stern.de report on a slightly unusual trade mark related dispute in Romania. Valentin Ceausescu the son of former Romanian communist leader Nicolae Ceausescu is suing the Odeon theatre in Bucharest (left) for performing a play on his late parents called "The Last Hours of Ceausescu". Interestingly, Mr Valentin Ceausescu appears to be basing his claim on an infringement of the trade mark "Ceausescu" rather than an infringement of privacy or post-mortal personality rights.

The play in question "The Last Hours of Ceausescu" was created by the International Institute of Political Murder which is based in Berlin and Zurich and describes the last hours in the life of Mr. Ceausescu's parents. It is reported that Mr Ceausescu is suing for nominal damages of 0.25 Euro only as this was a matter of "principle" for him - no one should be allowed to use the name Ceausescu without consent. Foreign theatres, outside of Romania, are not reportedly affected.

It is not quite clear from the report whether a trade mark registration for "Ceausescu" exists but this Kat, while not having found any Ceausescu marks, assumes that there might be a Romanian trade mark registration in place. The reports further quotes Alexandru Ulmeanu, the lawyer acting for the Odeon theatre Bucharest, as saying that he was planning to challenge the "Ceausescu" trade mark. In his view it was an abusive registration which could set an unwanted precedent.

A hearing in this case has been scheduled for 4 November 2010.

Full post as published by IPKat on September 17, 2010 (boomark / email).