West strife pays off as band loses trademark case

Ann Cahill, Europe Correspondent

The German tobacco manufacturers claimed the name was too similar to its cigarette brand ‘West’, and the European Court of Justice in Luxembourg agreed.

The band, which has had a string of international hits and sold more than 30 million records is signed to Sony BMG.

West had registered the name some time ago as its trade mark before the Louis Walsh managed-band decided to register their name.

At first the EU trademarks office in Spain agreed to register Westlife, but the German company objected.

The case has been going through the courts for two years and yesterday’s decision can be appealed.

The court agreed that Germans would pronounce West and Westlife as ‘vest’.

The word ‘life’ would not make a big difference to consumers who would assume the trademarks were the same.

They decided that since the names looked and sounded so similar the general international public might confuse them.

“The relevant public might think that the origin of the goods and services marketed under the Westlife mark is the same as that of the goods and services marketed under the West mark, or at least that there is an economic link between the various companies or

undertakings which market them,” the court ruled.

The company BMG Music and Bluenet Ltd wanted to register the name Westlife for goods including posters, bumper stickers, musical notes and scores, clothing and entertainment services provided by a musical band, including organising of concerts and other performances.

West, which is part of the Imperial Tobacco Group, had already got the right to use its trademark for a similar range of merchandise.

West, like Westlife, can continue to use their trademarks, but the band does not have the exclusive use of its name for goods.