COURT BATTLE OVER 'VIAGRA' SNACKS
Austrian newspaper Die Krone reports of a trade mark dispute between an Austrian pumpkin seed oil producer and pharmaceutical company Pfizer over the use of the mark "Styriagra" on pumpkin seeds.
Pumpkin seed oil producer Richard Mandl from the Austrian region of "Styria" (in German: Steiermark) is selling chocolate coated pumpkin seeds under the name "Styriagra". The (oval shaped) Styriagra pumpkin seeds have been dyed in a blue colour and are offered as natural erectile dysfunction remedy. Mr Mandl has also filed for trade mark protection: International trade mark No. 957917 Styriagra covering class 30 and 31 and designating Switzerland and the European Union based on an Austrian national mark.
Mr Mandel states that there is no connection between the Pfizer's Viagra and his Styriagra pumpkin seeds and explains that his product name derives from the word "Styria" which is the Latin name of the Austrian province Steiermark, where his business is located, and the words "agra" and "Agrar", which are meant to be denoting the agricultural and organic origin of his product. The choice of the colour blue was coincidental, says Mr Mandl. He states that he also offers pumpkin seeds covered in various other colours. However, Class 46 has noticed that his device mark also uses the colour blue (see top left).
According to the news report, Pfizer is not impressed and appears to have decided to take legal action against Mr Mandl claiming that he is infringing upon their VIAGRA trade mark. Mr Mandl now fears that the matter could lead to his bankruptcy.
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