Diapers dissimilar to clothing

On December 11, 2008, the Court of Appeal of Lyon confirmed that no likelihood of confusion existed between TOM ET JULIE and TOM ET PILOU in light of the products involved.

The Judge rightly considered that diapers – textile or not – differ from clothing, shoes and hats as they are aimed to be placed between the legs for absorption purposes, whereas clothes serve to protect against weather conditions and satisfy aesthetic needs.

These products are manufactured and marketed by distinct companies.

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