ENVY not similar to NVY, N&VY and n&vy

On October 14, 2008, the Paris Court of First Instance ruled that ENVY was dissimilar to NVY, N&VY and n&vy. The missing E letter was regarded as destroying any possible meaning of the contested marks, altering their pronunciation and, combined with the ampersand, reducing visual similarity to none. Minimal changes usually suffice to make differences between short trademarks. But as the defendant’s family of marks included the mark EN&VY, which was considered as similar, the court should have ruled that all the marks were similar to the prior mark.

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