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Can you attach your own trademark to famous titles of films or series? Or is that inadmissible free-riding? The trademark dispute between Game of Thrones and Game of Döner before the EUIPO.
Game of Döner
A gastronomy entrepreneur had the idea of registering the name “GAME OF DÖNER” – visually designed with dragon and shield elements – as a Union trademark for restaurant, franchising and licensing services. The name was apparently intended as an ironic play on the well-known series phenomenon “Game of Thrones”. However, the US broadcaster HBO, owner of the trademark rights to the world-famous series, found this less charming and filed an opposition.
The reasoning: “Game of Döner” took unfair advantage of the fame and appeal of the well-known trademark “Game of Thrones”. The opposition was based on the protection of the well-known trademark, according to which trademarks with a reputation in the EU are also protected beyond identical or similar goods – namely whenever a later sign could benefit from or detract from the reputation of the earlier trademark.
The case before the EUIPO
HBO was able to present an impressive collection of evidence: Audience figures across Europe, international awards, merchandising collaborations, tourism effects – in short: the undeniable cult status of “Game of Thrones”. The EUIPO therefore had no difficulty in establishing the high reputation and esteem of the earlier trademark “Game of Thrones”.
The examination focused on the question of whether there is a so-called “link” between the two signs, i.e. a mental connection that the average consumer automatically makes to “Game of Thrones” when seeing “Game of Döner”. It is not a question of whether there is a likelihood of confusion, but whether an economic advantage is derived from the reputation of the well-known trademark.
The EUIPO came to the conclusion that this was precisely the case here. Even the structure with “GAME OF …” was strongly based on the well-known series logo. The use of similar typography, the dramatic lettering and the use of dragon and shield symbols reinforce this impression. Although the trademarks are not identical, they are similar enough to evoke a clear association.
By decision of March 12, 2025 – Ref. B 3 215 519 – the Opposition Division therefore upheld HBO’s opposition and rejected the “Game of Döner” application in its entirety.
Scope of the protection of reputation
The decision makes it clear how far the protection of famous trademarks extends. Even supposedly humorous wordplay with well-known brand names can be legally risky. Even if the trademark applied for relates to completely different goods or services – in this case gastronomy and franchises instead of television entertainment – the association with a well-known title is sufficient to interfere with the laws of the earlier trademark owner.
For companies, this means that wordplay with prominent titles or trademarks may seem creative and humorous, but can be legally tricky. If the targeted consumer immediately thinks of the well-known older trademark when they see the new trademark, this may constitute an infringement of the laws of the older trademark.
To be on the safe side, new brand ideas should not only be checked for identity and similarity, but also for possible risks of association with well-known trademarks. This is especially true if the name, layout or imagery is reminiscent of a familiar “narrative world” of the well-known trademark.
Conclusion
The “Game of Döner” case makes it clear that humor and irony have their limits in trademark law . Anyone who borrows too heavily from the fame of a well-known trademark risks the complete loss of their application and possible further claims – even if they are active in a different industry.
The reputation of well-known trademarks knows no industry boundaries and attempts to profit from them quickly end up being unfair.
To put it in the style of the series: in the world of trademark law, there is no “winter is coming” – the trouble is usually already there if you sit on the throne too much.
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