The charity PRINCE Harry’s Invictus Games has lost a trademark dispute with a brand of the same name.
The Duke of Sussex’s beloved veterans’ charity – which hosts an annual sports competition for wounded ex-servicemen – has lost its battle with Invicta.
The dispute came after Harry tried to get the charity’s logo on clothing.
But the Italian company – best known for its backpacks – argued that similar logos would confuse the public, saying: “They are likely to be understood as alternative versions of the same Latin-derived word.”
Andrew Lomas, representing Invictus, emphasized the prince’s role at a hearing at the Trademark Court in London, arguing that the name Invictus is synonymous with royalty.
He said: “The fame and reputation of Prince Harry, Duke of Sussex is such that Invictus will automatically think of him conceptually now [charity]royal and/or wounded, injured and sick soldiers.”
The foundation’s evidence for the tribunal included a banner that read ‘I am Invictus’, which was shown as Harry presented an award at the 2014 BBC Sports Personality of the Year.
It also highlighted Harry and his brother Prince William, 39, who were holding a baby wearing a T-shirt with the slogan “I am an Invictus baby” that same year.
Leisa Davies, the tribunal’s hearing officer, ruled last month that a shopper who sees the word Invictus on some clothes does not automatically associate it with the charity.
She added it would also be unlikely to “recall the association with Prince Harry, royalty and soldiers and women.”
However, she accepted that the shared letters mean there is a “likelihood of direct confusion”.
As a result, she turned down the charity’s application to trademark the name.
The charity has been asked to pay £1,600 towards Invicta’s expenses.
The prince founded the Invictus Games in 2013, of which he is a patron.
Most recently, Meghan, the Duchess of Sussex, tried to trademark the word “archetypes” for her Spotify podcast.
An application for trademark protection by Archewell Audio – Prince Harry and Meghan’s production company – is listed on the United States Patent and Trademark Office website.
If the trademark is granted, it would mean Archewell Audio owns it rather than Spotify, which reportedly paid Harry and Meghan £18million for their partnership in 2020.
A similar trademark nightmare follows for the Sussexes, who suffered a backlash from US attorneys with Archewell last year.
The couple wanted their non-profit organization Archewell Foundation and the Spotify podcast series Archewell Audio to be protected under corporate law in America.
But they were asked to improve their filing and clarify exactly what they wanted to achieve with the mark.
The lawyers replied that the “applicant must make it clear that the services concerned are entertainment-based” and “indicate the nature of the ‘live stage performances'”.
This was followed by rumors from January that Meghan might be relaunching her lifestyle blog.
The Duchess of Sussex closed The Tig, named after her favorite wine Tignanello, in April 2017 – before announcing her engagement to Prince Harry earlier this year.
But she applied for the reactivation of The Tig brand in January.
https://www.the-sun.com/news/5481987/prince-harry-invictus-games-trademark-court-case/ Prince Harry’s charity Invictus Games loses trademark dispute with Italian fashion company