On December 14, 2006, the Court Of First Instance confirmed the risk of confusion between these two marks for drinks of classes 32 and 33. For the Court, both trademarks are composed of a representation of a deer’s head that dominates the word element. I
ntellectually, the signs coincide with the idea of deer’s head. This same concept influences the visual and phonetical comparison. This judgement further illustrates the recent enlargement of device trademark protection mostly because no reputation was involved (contrary to the Court decision on fir trees representations. IP talk 4).