Level of similarity of marks

Of Sea Lions and SEAT Leons: Swiss Court Weighs in on Automobile TrademarksHow different do “animal trademarks” need to be to coexist in the Swiss market? A recent decision from the Swiss Federal…

A recent decision by the General Court deals with the weight of figurative elements in the overall impression of a sign. Facts The applicant applied for the registration of the following sign as an…

The General Court of the European Union (“GCEU”), annulling the Board of Appeal (“BOA”) decision, found that L’Oreal’s K K WATER mark is not confusingly similar to Heinze’s earlier K mark. It was not…

The question of how far descriptive or non-distinctive trademarks which somehow managed to be registered may be enforced is of particular relevance in jurisdictions like Germany which acknowledge…

On imitation marketing and locally limited likelihood of confusion between the product get-up of “Mozartkugel” confectionery.   The city of Salzburg is not only the birthplace of Wolfgang Amadeus…

Where the marks differ in only a single additional letter at the end of one of the marks, can the resulting similarity be “neutralized” by the conceptual differences? The German Federal Patent Court…

In a decision of a Dutch District Court earlier this year[1], the American fast-food chain Wendy’s suffered a loss against a local Dutch snack restaurant, which bears the name WENDY’S. The trademark…

Being a fashion company is not easy, in two ways. First, you have to be careful what to print on your clothing, even when this is meant as decorative artwork. On the other hand, you have to be…

The GOLDEN BALLS saga continues: after losing in the last round before the Board of Appeal of the EUIPO, Golden Balls Limited has once again taken its case (or cause?) to the General Court in…