Likelihood of confusion

 v.   By judgment of 30 April 2025, the General Court of the European Union upheld the decision of the First Board of Appeal of the EUIPO finding a likelihood of confusion between the two figurative…

  The judgment of the General Court (GC) concerns a textbook case and addresses the typical arguments in trademark conflicts in the cosmetics sector. Facts The Applicant, Azalee Cosmetics, applied…

  On 13 March 2024, the General Court (3rd and 7th Chamber) issued two judgments dealing with weak marks in the sense the most trademark practitioners applaud, namely granting descriptive elements in…

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…

                                            Readers might recall an earlier article (see here) discussing the positions of the General Court (GC) and the EUIPO’s Boards of Appeal (BoA) regarding (dis…

Registering and using a trade mark representing an animal is a common practice in the clothing industry. Consequently, proprietors often oppose younger signs which show the same animal. We can for…

    Jeroen Muyldermans and Paul Maeyaert, both experienced IP litigators at the renowned Belgian law firm Altius, have undertaken the humungous task of compiling, analysing, structuring and…

Cour de Cassation, Chambre Commerciale, January 31, 2018, Appeal No. C 16-10.761 The French Supreme Court emphasizes that the reputation of the earlier mark is a relevant factor in the assessment of…