The phrase SIMPLY LOVELY might sound simple and not too special, but it is, in fact, rather renowned, at least in the Formula 1 community. "SIMPLY, SIMPLY LOVELY" were the words used by Max Verstappen over the Red Bull team radio after overtaking Sebastian Vettel during the 2017 Mexican Grand Prix.
The phrase SIMPLY LOVELY was subsequently used by Verstappen over the years and has proven to be Verstappen's go-to response after a victorious moment or race. When having regard to Verstappen's own personal notoriety, it is no surprise that a phrase as simple as SIMPLY LOVELY became well-known in the racing community.
Notwithstanding the fact that the phrase SIMPLY LOVELY is exclusively associated with Verstappen, one of his rivals on the track, Lando Norris, rather daringly used the phrase after winning this year's Dutch Grand Prix. While fans likely perceived Norris as being a good sport, his use of SIMPLY LOVELY may well have extended the rivalry beyond the track, into the trade mark law arena.
Interestingly, before the incident during this year's Dutch Grand Prix, a trade mark application was, in fact, filed for the phrase SIMPLY LOVELY INSPIRED BY MAX VERSTAPPEN (stylised) with the European Union Intellectual Property Office. Securing trade mark protection is not a novel process to Verstappen, as his name has been registered in several territories. In addition to securing protection for Verstappen's name, his signature, the phrase ORANGE ARMY (the name for his following), a LION DEVICE (as seen on his helmet) and the phrase UNLEASH THE LION have also been registered. Verstappen clearly appreciates the value of securing trade mark protection, and it would, therefore, only be sensible for him to secure registration for SIMPLY LOVELY (or for a trade mark incorporating the phrase) too.
The application for SIMPLY LOVELY INSPIRED BY MAX VERSTAPPEN (stylised) was filed in classes 25, 35 and 41 of the trade marks register. These classes of goods and services cover not only sport, entertainment and cultural activities but also, among other things, clothing items, merchandising and promotional activities. This means that Verstappen's use of the phrase may well be expanded beyond the team radio, and signals his intention to commercialise the phrase. In fact, clothing items reflecting the phrase SIMPLY LOVELY are already available on Verstappen's online store (verstappen.com).
Verstappen clearly has a vested interest in the phrase and, in addition to the reputation he has acquired in the phrase, he is likely to be granted registered trade mark rights in the phrase. Generally, a trade mark registration affords a trade mark owner a statutory monopoly in a trade mark. This means that a trade mark proprietor holds exclusive rights to use the registered trade mark and places the proprietor of the trade mark in a strong position to address unauthorised use of the trade mark, or anything confusingly similar to it. The registration, in effect, serves as a deterrent to potential infringers, and competitors are more likely to be warned against the unauthorised use of the trade mark.
Norris, or any other individual or entity for that matter, should, therefore, exercise extreme caution in using the phrase. Verstappen may well elect to try enforce his rights should similar incidents occur in future.
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