Prince Harry’s veterans’ organization Invictus loses battle with the clothing logo against Italian backpack company Invicta
- The trademark application has been filed by the Harry’s Invictus Games Foundation
- It was opposed by the Italian brand Invicta, which is known for making backpacks
- Hearing in London was told Invictus was now synonymous with Harry
- But the tribunal ruled last month that shoppers wouldn’t automatically make the link
Prince Harry’s charity Invictus has lost a trademark battle with an Italian fashion company over using the logo on clothing.
An application made by the Duke of Sussex’s Invictus Games Foundation, but was opposed by the Italian brand Invicta – most famous for its backpacks.
Andrew Lomas, who represents the charity, told a hearing in London that Harry’s ‘fame’ had ensured that Invictus will now always be associated with royalty, The times reports.
He said: ‘Such fame and reputation of Prince Harry, Duke of Sussex, that Invictus is now conceptually automatically reminiscent of the [charity]royalties and or wounded wounded and sick soldiers and soldiers.’
But Invicta argued that similar logos would confuse people.
The fashion company, which was initially founded in 1906 to produce military bags, said the public is “probably perceived as alternative versions of the same Latin word.”
In a ruling last month, the tribunal hearing agency Leisa Davies said a shopper who saw the word Invictus would not automatically associate it with Harry’s charity.
She emphasized how common letters within the two logos meant there was a “risk of confusion.”
Evidence given to the tribunal included a banner reading ‘I am Invictus’ displayed when Harry presented an award at the BBC’s Sports Personality of the Year in 2014
Prince Harry holds a garment with the Invictus Games logo during a presentation in May 2019
Mrs Davies subsequently rejected Invictus’ application and ordered the charity to pay £1,600 towards the fashion company’s costs.
Evidence given at the hearing included a banner reading ‘I am Invictus’ that was displayed when Harry presented an award at the BBC’s Sports Personality of the Year in 2014.
An image of Harry and brother William holding a baby wearing a t-shirt with ‘I am an Invictus baby’ written on it was also shown to the tribunal.
The defeat comes as Meghan faces difficulties in her efforts to trademark the historic word “archetypes” after announcing that her first series of podcasts for audio streaming giant Spotify would be called under the same name.
The Duchess of Sussex filed the filing with the United States Patent and Trademark Office earlier this year, covering the use of “archetypes,” a word derived from ancient Greek and first used in English around the 1540s.
Invicta argued that the similarities between their logo and that of Invictus would confuse members of the public
Harry and Meghan pictured at the most recent Invictus Games in The Hague, Netherlands, in April
The Queen also intervened to prevent the couple from using their ‘Sussex Royal’ label after they decided to step down as working royals in 2020.
After lengthy and complex conversations, Her Majesty and senior officials would have agreed that it was no longer tenable for the couple to keep the word “royal” in their “branding.”
The Sussex had spent tens of thousands of pounds on a new Sussex Royal website to complement their hugely popular Instagram feed.
Harry founded the Invictus Games after a trip to the Warrior Games in the US in 2013 – a competition that introduced the wounded, sick and injured servicemen to Paralympic style sports.
The following year, the inaugural Invictus Games took place in London.
Harry and Meghan Markle were both at the most recent Games in the Netherlands in April.