Pandas Score Initial Victory Over Wrestlers

The World Wide Fund for Nature today won a court case against the World Wrestling Federation over who had the right to use the initials WWF. An appeal court ruling now means that the letters, at times used to promote Hulk Hogan, the Rock and others, will now only be seen under a giant...
The World Wide Fund for Nature today won a court case against the World Wrestling Federation over who had the right to use the initials WWF.

An appeal court ruling now means that the letters, at times used to promote Hulk Hogan, the Rock and others, will now only be seen under a giant panda.

It dismissed the federation's challenge to an earlier high court injunction forcing it to restrict its use of the initials in its business activities.

But the federation, faced with an expensive rebranding exercise in addition to a bill of around £1m for the legal costs of the dispute, is now expected to seek leave to appeal to the House of Lords.

The wildlife charity, whose president emeritus is the Duke of Edinburgh, registered the initials WWF as a trademark in 1961 when it was founded as the World Wildlife Fund.

Although it changed its name to the World Wide Fund for Nature in the UK and several other countries in 1989, it still uses the initials WWF along with the famous panda symbol in advertising campaigns all over the world.

It initiated legal proceedings to protect its global brand and reputation from any "unsavoury" connection with professional wrestling.

The US-based federation - known for its encounters between stars like, the Undertaker, Hardcore Holly, Hulk Hogan and Ultimate Warrior - also sells toys and gifts, including children's school books and backpacks.

It argued that there was no evidence of confusion in the public mind between the two organisations and that to enforce a 1994 agreement restricting its use of the initials was an unreasonable restraint of trade.

It also said it was a breach of the right to commercial freedom of expression under the European Convention on Human Rights.

But Lord Justice Carnwath, sitting with Lord Phillips, master of the rolls, and Lord Justice Judge, said today there had been "clear and repeated" breaches of the agreement, which was designed to end the worldwide tit-for-tat legal battles in which the two sides had been engaged over the use of the initials.

The federation contended that it should at least be allowed to continue using the initials in its website address and logo.

The judge said the federation should have known that its use of the initials for those purposes was very risky.

"The costs of rebranding now, after some five years of development, are entirely attributable to its own decision to take that risk," he said.

The federation estimates that a brand name change will cost it £35m.


© Guardian News & Media 2008
Published: 2/27/2002
 
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