The name ‘Pablo Escobar’ may not be registered as a trade mark in the EU, the General Court of the European Union (EGC) has ruled. The reason for this is that the name of the Colombian drug baron is associated with drug trafficking, terrorism and crime and is therefore contrary to public morality and public order. Escobar Inc., a company founded by the heirs of Pablo Escobar, who was killed in 1993, wanted to protect the name as a trademark for numerous products and services since 2021. Their aim was to take action against the unauthorised use of the name.

The European Union Intellectual Property Office (EUIPO) rejected the application in 2023, as Escobar's name was contrary to the values of the EU. In its decision, the Office took particular account of the Spanish public, as they know the drug lord best due to the close ties between Spain and Colombia. Escobar Inc. argued that Pablo Escobar was seen as a benefactor in many parts of Colombia and was not only known for his criminal activities. In addition, the presumption of innocence was invoked, as Escobar had never been convicted of a criminal offence.

However, the EGC dismissed the action brought by the heirs and confirmed that the trade mark violated moral standards. The perception of Escobar as a symbol of crime and suffering was decisive, regardless of the positive aspects of his work in Colombia. A similar case, in which a restaurant chain wanted to register the name ‘La Mafia se sienta a la mesa’ as a trade mark, was rejected for similar reasons. The judgement can be appealed before the European Court of Justice.