In VOLKSWAGEN AG vs. OHIM (January 26, 2006), The European Court of First Instance regarded the above products and services as similar for the sole and unique reason that such services were provided by the same companies that trade motor vehicles.

The justification is in our view more surprising than the solution itself. Firstly, the Court adopts only one criteria amongst those proper to retain similarity. Secondly, this criteria is used not to establish a link between the products and the services aimed at this products but to adopt the manufacturer’s view rather than the average consumer’s view which is somehow surprising.




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