On April 30, 2008, the Douai Court of Appeal ruled a likelihood of confusion between the CHIPIE’s dog flagship and a trademark representing a dog. For the judge, even if their race was not really defined, the two dogs represented only differed in details that medium care consumers could not perceive nor remember.
This is in line with emergent Community approach which enlarges the scope of protection of device marks especially when a reputation is involved and evidenced which was the case here