On January 16, 2008, the Paris Court of Appeal denied similarity between the marks FREE and NIKE FREE by considering the reputation attached to NIKE.
This decision is the exact opposite to ECJ findings in LIFE vs./ THOMSON LIFE. Confusion should remain for signs composed of both the company name and the mark keeping a distinctive strength. Otherwise how to protect a product mark if adding a famous company name or house mark concentrates the overall attractive and distinctive strength?
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