Eugenia argued first that, if her adversary were allowed to register the mark, she wouldn't be able to gain the benefit of the presumption that a person named as the author of a published work is its author, under Article 5 of the IP Enforcement Directive. She later argued that, since the name "José Padilla" was attached to copies of the composer's copyright-protected works (CDs, DVDs, sheet music etc) sold in the course of trade, that constituted the use of a trade mark which would be able to thwart a later attempt by someone else to register the mark.
The General Court disagreed and dismissed her appeal. The copyright presumptions were a red herring and, even in the unlikely event that an adverse trade mark registration might prevent them, this was not a ground of opposition recognised by Community trade mark law. Also, the existence of a name on a piece of music or a recording was as likely to be an indicator of who was the artist or composer, not an indicator of the trade source of the product in question.
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