Iceland’s Weird Eight-Year Lawsuit Against Iceland—Over Name Rights

Who really owns 'Iceland'? A supermarket battles a nation to find out.

Damjan

• Published in Weird
• October 21, 2024

The ongoing legal dispute between Iceland Foods and Iceland highlights the complexities surrounding intellectual property rights, particularly when a company’s name coincides with that of a sovereign nation.

The conflict between the British supermarket chain Iceland Foods and Iceland has spanned nearly a decade, raising issues over the rights to the name "Iceland" in the context of trademarks and product marketing.

In recent years, companies and countries have increasingly faced legal challenges over trademarks, significantly when a business's name overlaps with a geographical location. This can create friction as companies seek to protect their brand identities, while countries may assert their right to use their name freely in commercial contexts.

The case of Iceland Foods exemplifies this tension. The British supermarket, founded in 1970 and known for its frozen food products, began using "Iceland" as part of its brand identity long before the legal dispute began.

However, the conflict emerged in 2016 when the country of Iceland filed a challenge against Iceland Foods, alleging that the supermarket was attempting to prevent Icelandic businesses from using the country's name in the branding of their products.

This, Iceland argued, could unfairly restrict its businesses from marketing goods under a name that naturally belongs to the nation.

Iceland Foods has made a new push.

In 2019, the European Union Intellectual Property Office (EUIPO) ruled against Iceland Foods, and in 2022, the decision was upheld in the supermarket's appeal. The ruling allowed Icelandic businesses to continue using "Iceland" in their product descriptions and branding without interference from the British supermarket chain.

According to the Icelandic Intellectual Property Office, there was concern that if Iceland Foods had succeeded in its legal efforts, Icelandic companies could potentially face restrictions when attempting to market their products internationally, particularly within the European Union.

Despite these rulings, Iceland Foods has not given up. Earlier this month, the supermarket launched a fresh appeal at the General Court of the European Union in Luxembourg, continuing its fight to maintain exclusive rights over its name within the European market.

This appeal marks the third round of legal proceedings in the ongoing battle, with Iceland Foods determined to protect its brand identity and intellectual property. Richard Walker, the executive chairman of Iceland Foods, appeared at the court in mid-October to argue the case once again.

While the case has garnered media attention for its unusual nature—pitting a supermarket chain against an entire country—Walker has emphasized the issue's importance for his business. In comments shared on social media, Walker stressed that the company's name was intended to evoke the idea of a "land of ice" rather than reference the country itself.

He has reiterated that Iceland Foods has no intention of stopping Icelandic businesses from descriptively using the name for their products. In 2022, Walker explained that his mother, Lady Walker, chose the company's name when the family business was established in the UK.

Over the decades, Iceland Foods has become a well-known brand in the UK and several other countries, including Iceland. Walker expressed disappointment at the 2022 ruling but maintained that the supermarket would continue to defend its intellectual property rights.

An appeal has been filed with the General Court of the European Union in Luxembourg.

Iceland has viewed the legal victories so far as significant. The country’s foreign minister, Guðlaugur Þór Þórðarson, celebrated the rulings in 2019 and 2022, stating that it was unreasonable for a foreign company to claim exclusive rights over the name of a sovereign nation.

These decisions, he argued, were a win for Icelandic businesses, particularly those involved in exporting goods, as it ensured that they could continue using their country’s name without fear of legal consequences. The legal dispute between Iceland Foods and Iceland has attracted attention beyond just the parties involved.

The case raises broader questions about the intersection of trademarks and national identities, especially when businesses and countries share a name. As the case continues, it is expected to remain a point of contention, with potential implications for future trademark disputes involving geographical names.

The supermarket is famous for its selection of frozen foods.

Ultimately, the legal process might take years to settle, but both sides are determined to stand their ground. Iceland Foods wants to protect its brand to stay strong in the market, while the country of Iceland wants its businesses to freely use their national identity in selling products.

As the case continues, it will be interesting to see how the courts balance a company’s need to protect its brand with a country’s right to use its name. No matter how it ends, this legal battle could set an example for similar disputes in the future.

Damjan