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 …
Dissimilarity between women bags and women shoes Lire la suite »
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 …
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 …
<!–[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 …
OHIM stipulated recently the conditions for filing sound trademark and indicated that an MP3 file may now be joined with the technical conditions providing that its size does not exceed one Megabyte and that it does not allow loops or streaming. This does not mean that the MP3 file is sufficient. In fact, it is …
