EDEKA goes digital - and TUI goes on the barricades
They are known as advocates of freshness, regional products and casual advertising slogans: "We love food." But now EDEKA is entering a whole new playing field - and it's causing a stir. At the end of 2023, the retail giant registered the trademark "EDEK.I" with the EUIPO - for AI software, travel events and advertising, among other things. Sounds unusual for a supermarket at first - and that's exactly what has TUI Cruises up in arms.
TUI operates an Asian restaurant called "Hideki" on the cruise ship "Mein Schiff 7" - also a registered trademark. And now the travel giant suddenly sees a risk of confusion between "Hideki" and "EDEK.I".
Danger of confusion or desperation? What's behind the dispute
TUI Cruises has officially filed an opposition against the EDEK.I trademark application, arguing that, according to Article 8(1) of the EU Trademark Regulation, there could be a "likelihood of confusion on the part of the relevant public". How exactly "Hideki" and "EDEK.I" really resemble each other, however, TUI remains silent to the media - they refer to the ongoing proceedings and remain silent.
The EUIPO in Spain has recognized the opposition as admissible and assigned the proceedings the number B 003236691. The so-called "cooling-off" phase will now run until June 27 - a kind of legally prescribed cooling-off period during which the parties can still reach an amicable agreement. After that, things will get serious: the arguments will then be presented in writing in "adversarial proceedings" and the Office will decide.
What is it really about? Image, innovation - and a touch of branding
Why EDEKA is registering a trademark like "EDEK.I" leaves plenty of room for speculation. What is clear is that the dot and the "I" could stand for innovation or artificial intelligence - perhaps also for a new digital platform. Anything is possible, from a smart shopping advisor to a travel app powered by EDEKA. After all, the application covers eight different classes.
TUI, on the other hand, is probably primarily interested in protecting its restaurant name "Hideki" from potential dilution - or simply preventing another major brand player in the same environment from operating with a similar-sounding name. After all, Trademarks are often not just about specific products, but also about image cultivation, exclusivity and recognizability.
When Trademarks are only fighting over points, something is going wrong.
The "EDEK.I vs. Hideki" case shows how oversensitive large companies have become when it comes to protecting their Trademarks. It is doubtful whether anyone really confuses "Hideki" with "EDEK.I".
This is not about a genuine risk of confusion, but about principle. Or as they say in trademark law: much ado about dot and I. Property rights are important - but they must not become a playground for expensive ego disputes. When corporations start fighting over fantasy names with dots, then it's time to bring trademark law back down to earth.
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