'Fack Ju Goehte': A Playful Expression of Youthful Frustration or a Violation of Accepted Principles of Morality?

摘要

The Court of Justice of the European Union has ruled that the word sign "Fack ju Goehte"-the title of a successful 2013 German comedy, and a phonetic transcription into German of the English expression "Fuck you, Goethe"-does not infringe the "accepted principles of morality" pursuant to art.7(1)(f) of Regulation 207/2009, because the EUIPO and the General Court evaluated the mark abstractly, and in their assessment failed to consider other contextual factors necessary to discern that the relevant public did not perceive such a title as morally unacceptable.