On June 25, 2008, the European Court of First Instance ruled that the signs L’ALTRA MODA and ALBA MODA were dissimilar.
The Court regarded “MODA” as low distinctive in relation to clothing articles. The analyse was focussed only on L’ALTRA and ALBA which were considered as different in length and sounds.
A higher level of similarity should have been retained. MODA could not be completely eluded. The signs had a similar visual configuration (L’ALTRA and ALBA in the higher part and separated by a line from MODA) which could not be caused by chance.
The Court regarded “MODA” as low distinctive in relation to clothing articles. The analyse was focussed only on L’ALTRA and ALBA which were considered as different in length and sounds.
A higher level of similarity should have been retained. MODA could not be completely eluded. The signs had a similar visual configuration (L’ALTRA and ALBA in the higher part and separated by a line from MODA) which could not be caused by chance.