The Spanish restaurant chain “Mafia sits down at the table” has lost the lawsuit filed by Italy over the name
After years of lawsuits and complaints, Spain's patent and trademark office ruled in favor of the Italian government and concluded that the name of the local restaurant chain “Mafia Sits Down” contravenes “public order and morality,” The Guardian reports.
Italy has argued its case against the ring, known in Spanish as “La Mafia se sienta a la mesa,” before various courts and official bodies in recent years, arguing that the name trivializes both organized crime and efforts to combat it.
In 2018, the European Union's Intellectual Property Office ruled that the name was invalid because it conveyed a “globally positive image” of the mafia. The institution added that the brand is “therefore likely to shock or offend not only the victims of that criminal organization and their families, but also anyone who, in the EU, encounters this brand and has average thresholds of sensitivity and tolerance.”
Eight years later, the Spanish Patent and Trademark Office also ruled in Italy's favor and declared the chain's name invalid. The chain, which may appeal the decision, argued that it took its name from a recipe book, not the criminal organization, and that the term “mafia” is no longer exclusively associated with illegal activities.
The reasoning behind the decision against the “Mafia sits at the table” chain
The decision states that the firm argued that “the term mafia is indeed also used in other industries, such as the audiovisual or literary, and the Spanish public identifies this term as an allusion to a cultural phenomenon, rather than a criminal organization.”
But the ruling also points out that Italy has explained that the term refers to a global criminal organization that also operates in Spain:
“As he notes [Italia]the most frequent crimes of that organization are, among others, drug and arms smuggling, organized crime, extortion, money laundering, corruption of public officials and murders”.
Ruling in favor of Italy's request, the office said: “The disputed name contravenes both public order and morality. The main name directly reproduces the name of a real criminal organization, whose activity is not a distant or purely literary phenomenon, but a persistent reality.”
Restaurant chain denounces “unprecedented” decision
Representatives for the restaurant chain described the decision as “unprecedented in Spain” and said it was considering an appeal. The company also pointed out that it has successfully renewed its brand at this office several times over the past two decades and that it tried to discuss the case directly with the Italian ambassador to Spain.
“Over the years, we have tried numerous times to explain the origin and meaning of our name, but we have not had a real opportunity to do so,” company sources said.
“As has always been the case, we have no connection and distance ourselves from any negative connotations attributed to us by the Spanish Patent and Trademark Office and the Italian embassy. We are focused on continuing to build the future of the company and remain true to the essence of the project: a high-quality Italian-Mediterranean culinary offer and a distinctive gastronomic experience,” they added.
