A Spanish restaurant chain cannot trademark a name containing the word "mafia" because it "trivializes" the Italian criminal organization, according to a European court ruling Thursday.
The Spanish company had featured its name as "The Mafia takes a seat on the table” with a side rose symbol, at the EU’s intellectual property office in 2006. But, in 2015, Italy requested the suspension of the name, saying it violates the public policy and ethical principles.
The IP office sided with Italy, after it decided that the name promotes mafia and gives it a social positive character that eases the danger of the criminal group, the German news agency reported.
The Spanish company «La Mafia Franchise» had appealed the decision before the General Court of the European Union.
The Luxembourg-based court rejected the appeal Thursday, saying the company's name "emphasizes a positive image" about the mafia and "underestimates the serious damage" it has caused for the EU's fundamental values.
The judges found that "this name can shock or disturb" not only the victims of the mafia, but anyone who has "an average level of sensitivity and tolerance."
The court rejected the pleadings of the Spanish company saying its name refers to a series of "Godfather" films about the mafia, and considered that the books and films that talked about the organization did not change the perception of the damage it has caused.
The company operates about 40 restaurants across Spain.
