EUWestlife have lost their right to use the band's name as a trademark because it is too similar to West, a German cigarette brand.
The EU's Court of First Instance in Luxembourg yesterday annulled a decision by the EU's trademark office that gave the band the sole right to use the word Westlife on merchandise.
The court ruled that there was likely to be confusion between the two trademarks if Westlife was allowed to retain copyright on the band's name. "The existence of the earlier West trademark may have created an association in the mind of the relevant public between that term and the products marketed by its owner, with the result that the new trademark consisting of 'West' in combination with another word might well be perceived as a variant of the earlier mark," the court said. "Therefore, the relevant public might think that the origin of the goods and services marketed under the Westlife mark is the same as that of the goods and services marketed under the West mark, or at least that there is an economic link between the various companies or undertakings which market them".
The band will still be allowed to use the name Westlife on its merchandising but it will no longer be able to prevent others from doing so.
The decision is a victory for the Hamburg-based firm - part of the Imperial Tobacco group - which makes West brand cigarettes.
The firm also uses the West name for music festivals and markets other goods and services, from T-shirts to recording equipment. Westlife applied for an EU trademark in 1999.