The ECJ chapter in Borris BECKER’s wife (trademark) saga

Roland Garros ended 3 weeks ago but tennis is still in the air with the decision of the Court of Justice ruling on June 24, 2010, the matter involving Borris BECKER’s (ex) wife and trademark for BARBARA BECKER.

For those of you of don’t remember what the situation was … An opposition had been lodged by Harman International Industries on the basis of the marks BECKER and BECKER ONLINE against the CTM for BARBARA BECKER.


The Opposition Division held a likelihood of confusion. The Board of Appeal said the signs to be dissimilar. The General Court then ruled a possible confusion between the marks.

The Court of Justice … cancelled the decision of the General Court for having “blindly” applied the considerations issued of the case law without taking into account the rareness of the name concerned and the reputation of the holder of the mark. The matter is back to the General Court so let’s see how it will further solved…


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