Marques

« Clothes » are not similar to « school equipments, travel bags, rucksacks »

 « Clothes » are not similar to « school equipments, travel bags, rucksacks » In a case opposing trademarks ROXY, ROXY GIRL, and ROXY SURF to ROXY LIFE, the French Supreme Court denied similarity of clothes with bags and school equipment on November 28, 2006 The judges argued that they did not have to determine whether, due to the …

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« Salted biscuits » different from « sugared biscuits »

« Salted biscuits » different from « sugared biscuits » On December 15, 2006, the CFI retained that FERRO and FERRERO were not similar and that « salted biscuits » and « sugared biscuits » were neither. The Court argued that these products are not eaten on the same occasions, are neither complementary nor interchangeable, and that consumers show special attention when buying …

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Similarity between stationary and clothing

On February 24, 2006, the Paris Court of Appeal considered that clothing should be regarded as similar with school supplies (stationary).   For the Judge, whereas the nature, function and distribution networks of these products are not identical, the consumer will consider that they have the same origin because of the tendency of some clothing companies to …

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Dissimilarity between women bags and women shoes

    On July 18, 2006, the ECJ confirmed the Court of First Instance and upheld that women bags and women shoes have a different purpose. As shoes are used to dress feet whereas bags are only used to carry objects, these goods are not interchangeable and not in competition. For the Court, the search …

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similarity of clothing and eyeglass

On December 2nd, 2005, the Paris Court of Appeal considered that clothing and eyeglasses should be regarded as similar products.For the French Judge, eyeglasses have become fashion and clothes accessories.   The diversification policy of fashion houses reflects this situation. DIOR for instance systematically offers for sell accessories including eyeglasses together with their luxury products …

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Obelix/ Mobilix

In OBELIX vs./ MOBILIX (October 27,2005), the European Court of First Instance first denied similarity because of the wide formulation « electrotechnical apparatus and instruments, electronics » whereas a specific protection of telecommunication apparatus and instruments could have been easily obtained by the opponent when reciting the list of products. The Court even goes further in absurdness …

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SOFICAR / LE TOURISME MODERNE

<!–[if !mso]> st1:*{behavior:url(#ieooui) } <![endif]–> The French High Court (Cour de Cassation) ruled on December 13, 2005 (SOFICAR vs./ LE TOURISME MODERNE) that it was necessary to compare the products and services offered on the web site with those claimed under the earlier trademark to decide whether the infringement is constituted or not. The High …

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