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EXC: The Trump Org has lost its exclusive rights to one of its prized assets - the Trump name - for real estate development & golf accessories after an EU ruling. Filings by its attorneys show a sharp fall in golf biz at POTUS's Turnberry resort. Thread
https://www.scotsman.com/news/uk-news/revealed-blow-trump-organisation-obscure-legal-fight-member-numbers-fall-turnberry-2260444
https://www.scotsman.com/news/uk-news/revealed-blow-trump-organisation-obscure-legal-fight-member-numbers-fall-turnberry-2260444
Nine of @realDonaldTrumpās prized EU trademarks have been subject to a drawn out legal dispute going back two years. The potential ramifications are considerable. Forget bricks and mortar - Trump has made millions of $ licensing his name, all built on intellectual property rights
Heads up from the get-go. This story involves complex - and let's face it, dry and obtuse - issues. But trademarks, and the exclusivity they confer on licensing rights, are key to @realDonaldTrump's private business empire. It's not a sexy story, but it matters a great deal.
Trump Org's dispute, which is ongoing, has never been made public. I was tipped off about it last month. Iāve since obtained nearly 1,300 pages of documentation compiled by a London-based legal firm working for a obscure Delaware-based Trump Org subsidiary. Interesting reading.
The paperwork contains detailed stats about Trumpās biz in UK/Ire, not least @TrumpTurnberry, the (lossmaking & indebted) jewel in its crown. The figures state that the no of visitors booking use of golf facilities at the resort has fallen from 11,835 in 2014 to 7,483 in 2018.
The documentation, compiled last March, also states the number of golf club members at Turnberry, one of golfās most venerated venues (a four-time host of the Open championship, and a property where Trump Org has invested millions) are down from 434 to 373 over the same period.
Hereās an excerpt from one of the documents in question, compiled by London-based Wildbore & Gibbons, part of the Potter Clarkson intellectual property group. They were enlisted by DTTM Operations LLC, a Delware-based Trump Org subsidiary listed by POTUS in his OGE filings:
Itās rare, if not unprecedented, to see this level of detail about Trumpās UK firms. These stats form part of a substantial evidential case submitted by external attorneys to @EU_IPO, where trademarks owned by a Trump subsidiary - DTTM Operations LLC - are being challenged.
This story gets more interesting though. The firm behind the challenge, Anthee SARL, is based in the Grand Duchy of Luxembourg. Its managing director, Axel Goetthals, is CEO of @EIASBrussels, a Brussels-based think tank which aims to āstrengthen tiesā between Asia and Europe.
Now, itās not uncommon for Trump Org to find its intellectual property challenged. Itās a near routine occurrence. Last year, it saw off attempts by Michael Gleissner, a German film director (and a notorious serial trademark filer) to register a āTrump TVā trademark in the UK.
But the latest cases being heard by @EU_IPO are notably different for one good reason. Three of the challenges to Trumpās prized intellectual property assets have been partially upheld. The ramifications of that could be wide ranging for the presidentās business.
Itās unclear why Anthee SARL is challenging the multiple Trumpā¢, but itās working. So far, @EU_IPOās cancellation division has partially revoked three trademarks registered by the Trump Org subsidiary. Anthee is appealing other classes which havenāt been revoked.
The justification for the partial revocations involves a complex interpretation of article 58 of the EU trademark regulation, but in short, the @EU_IPO ruled the Trump trademarks had not been put to a āgenuine useā for the classes in question for a continuous five year period.
What does it mean? @EU_IPO has revoked Trumpās rights to his trademarked name for services incl the construction, management & sale of residential & commercial property. In other words, the kind of business that is the Trump Orgās bread and butter.
So here's the thing. The Trump Org It is still be able to use the Trump name, but the @EU_IPO decisions could open the door for any other individual - or company - to use and monetise the Trump name in Europe. Which would be a ballache for POTUS and his sons.
But the decisions go further. They revoke Trumpās rights to his name for a slew of golfing merchandise, from irons, putters, gloves & bags, through to tees, balls, head covers, flags & divot repair tools. Many such items are sold at Trump's golf resorts & its online retail site.
By happy coincidence, Iām running this story on the day I received a helpful email from the Trump Store, advising that international shipping is now available (including to Scotland!) on its products. Vast swaths of Europe can finally buy red gingham Trump-branded dog leashes.
The @EU_IPO decisions also impact on Trumpās rights to his name across an extensive and, er, eclectic range of other goods & services it registered, inc credit cards, ringtones, Christmas tree decorations, video games, sunglasses, holograms, TV shows. and, uh, beauty pageants.
I spoke about the EUIPO rulings with Alan Garten, the Trump Orgās exec vice-president and chief legal officer. He told me: āWe do not believe that these decisions will have any material impact on the operation of our business.ā Intellectual property experts take a different view.
Jason Chester, an associate & chartered trademark attorney at @marksandclerk, told me āit'll be more difficult for Trump Org to enforce its registered rights against third parties seeking to use or register the āTrumpā name" for the revoked services, like real estate development.
He added that Trump Org could potentially invoke or rely on other mechanisms & grounds to enforce its rights, pointing out that it could, in theory, challenge anyone registering a Trump-related ā¢ on the basis of bad faith. What the Trump Org *would* do remains to be seen.
Thanks to my editors @alanyoung3000 @miller_dj. It is becoming increasingly difficult to write about @realDonaldTrump's firms. But I stand by my reporting. The more obstacles that are put in my way, the higher I'll jump. Tip off? My DMs are open. Or email martynmcl@protonmail.com
I've been looking through more documents submitted by attorneys working for a Trump Org subsidiary, DTTM Operations LLC, in connection with its legal fight over Trump IP (story above). Some very interesting info about wealthy clientele buying into the Trump brand. Mini thread
One of the trademarks being challenged is the so-called āTrump Shieldā, a quasi-heraldic crest registered by POTUSās firm for an array of household goods. As part of an annex to its evidence to @EU_IPO, Trumpās attorneys have submitted a slew of purchase orders.
They show a series of sales by the āTrump Homeā brand, which sees the Trump Organisation licence the sale of high-end furniture and home accessories to external companies, including a firm called Dorya International LLC, based in Palm Beach, Florida.
There are five purchase orders in all, detailing sales of Trump-branded furniture worth in excess of $133,800 (Ā£101,116). The sales date from 2014 thru 2018.
One customer bought $91,000 worth of Trump furniture, including a $16k sofa with āFrench gold arm detail and feetā and titanium throw pillows. Once a hefty discount and packing & handling were factored in, the total due was $55,965.
The names and addresses of the customers are redacted, but what struck me as very interesting is the āshipping methodā info - this order, and others, went via an āex works factoryā based in Turkey, according to the documents.
The conditions of sale small print in the purchase orders notes that Turkey is used as a shipping method for orders from Europe, the Middle East and Asia. So whoās spending $50k a pop on Trump furniture? If youāve sat on a particularly opulent and expensive sofa, my DMs are open
