The recent ruling by the EU General Court stated that the slogan "Russian warship, go f*** yourself" cannot be trademarked by the Ukrainian border guard who famously used it in defiance against Russian aggression. The court determined that the phrase, which has become a symbol of Ukraine’s resistance, is not suitable for commercial use on items like keyrings and clothing. This decision was made based on the fact that the slogan has been widely used in a non-commercial context related to Russian aggression and would not be viewed as an indication of the origin of goods and services.
The slogan originated during an incident on Snake Island in the Black Sea, where Russian forces attempted to capture the island and were met with resistance from Ukrainian soldiers. In response to the Russian cruiser Moskva instructing Ukrainians to surrender, a Ukrainian border guard defiantly used the now-famous phrase. The utterance, captured in an audio clip circulated by Ukrainian authorities, quickly gained popularity and has been featured in various forms of protest, billboards, and stamps as a symbol of Ukraine’s bravery and refusal to back down.
The ruling by the EU General Court upheld a previous decision by the EU intellectual property office, which denied the trademark application for the slogan. This decision falls in line with various other intellectual property rulings issued by the court, including one that refused to grant a trademark for the iconic blue-and-yellow oval stickers found on Chiquita bananas. The court noted that these stickers were too generic to warrant legal protection, similar to the reasoning behind the rejection of the trademark for the Ukrainian slogan.
While the slogan has garnered significant attention and praise for its defiance against Russian aggression, the court’s ruling underscores the distinction between the political and commercial use of the phrase. The judges emphasized that the slogan’s association with Russian aggression and its widespread use in non-commercial contexts make it unsuitable for trademarking as a way to indicate the origin of goods and services. This decision highlights the importance of understanding the context and implications of using slogans or phrases with political or social significance in a commercial setting.
Despite the denial of the trademark application, the slogan "Russian warship, go f*** yourself" continues to serve as a powerful symbol of resistance and defiance for many Ukrainians. Its impact extends beyond its potential use on merchandise, showcasing the bravery and determination of those who stand up against aggression and oppression. While the ruling may prevent its commercialization, the slogan remains a poignant reminder of Ukraine’s strength and resilience in the face of adversity.
Overall, the EU General Court’s decision regarding the Ukrainian slogan reflects the complex interplay between political activism and commercial interests. While the slogan has become a powerful symbol of defiance and resistance, its use in a commercial context was deemed inappropriate due to its association with a specific political and social context. Through this ruling, the court underlines the importance of considering the broader implications and meanings of slogans or phrases before seeking to commercialize them, ensuring that the integrity and significance of such expressions are preserved.
