Marques

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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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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