On December 2nd, 2005, the Paris Court of Appeal considered that clothing and eyeglasses should be regarded as similar products.For the French Judge, eyeglasses have become fashion and clothes accessories.
The diversification policy of fashion houses reflects this situation. DIOR for instance systematically offers for sell accessories including eyeglasses together with their luxury products collections. This decision overextends the similarity between clothing articles and other goods.
Its justification relies on trade habits for luxury products only. It reflects the reality of the market and the usual distribution networks of eyeglasses and clothes. This decision however leads to cover both classes 9 and 25 in trademark searches for clothing, but also class 3 in light ofFrench case law which also regarded some products in class 3 similar to others belonging to class 25.