Court rules illegal to mix Viagra with Polish drink Viaguara

(BRUSSELS) - A Polish drinks company was given a giant let-down Wednesday when top European judges ruled they were cheating in trying to trademark a drink named "Viaguara" -- too close for their taste to the sex drug Viagra.

Seven years after a Polish company of the same name applied to use the brand-name for an energy drink, the General Court of the European Union handed victory to US drugs giant Pfizer Inc after it complained.

"The sign 'Viaguara' cannot be registered as a Community trade mark for drinks," the Court said, referring to the single market that ties together 27 European Union states plus Norway, Switzerland, Iceland and Liechtenstein.

"Use of that sign is likely to take unfair advantage of the distinctive character or repute of the trade mark Viagra," the judges underlined, adding it could prove "detrimental" to the potency pill.

The court argued that "the presence of the same stem 'viag' in the signs at issue gives rise to a strong visual similarity which is, moreover, reinforced by the final part 'ra' which is common to the two signs."

It added that "even if the non-alcoholic drinks concerned do not actually have the same benefits as a drug to treat erectile dysfunction, the consumer will be inclined to buy them thinking that he will find similar qualities, such as an increase in libido."

The Polish company has two months to appeal to the European Court of Justice, the EU's highest legal arbiter.

Judgement of the General Court in case T-332/10 - Viaguara v OHMI - Pfizer (VIAGUARA) - Main proceedings - full texts