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FUGU vs./ FUBU

 vs./ FUBU On September 14, 2006, the Second Board of Appeal maintained that a difference of one letter in short signs was sufficient enough to avoid confusion between the marks above. Besides, the configuration of the mark FUGU enabled to move away from FUBU due to a device twice as big as the text and…

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Spotlight on the public

On 17 October 2006, in the CALSYN vs/ GALZIN case, the European Court of First Instance (ECFI) confirmed that when assessing the risk of confusion between two pharmaceuticals trademarks the relevant public was composed of medical professionals and patients. Though the level of public attention is high, the very high similarity between the signs and…

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Privileged basis for an international trademark Elements …

Elements to consider: – An international trademark can be based either on a national or a Community trademark with the further condition to have an industrial or commercial establishment in the application territory. – The national or Community trademark will be bound for 5 years with the international trademark. – A priority right can additionally…

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Marcorossi vs./ Sergio Rossi

On July 12, 2006, the European Court of First Instance ruled that there was no likelihood of confusion between the two marks above. For the Court, the unusual merger of Marco and Rossi in a single word, without any blank, visually and intellectually brought to a whole without being divided. The distinction between Marco and…

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infrigement on internet

The Paris First Degree Court has decided that emails sent from package-internet@hotmail.com address for commercial prospecting purpose should be considered as trademark infringement. For the Court, a medium care consumer would wrongly consider that the emails in concerns have been sent with the help of the HOTMAIL trademark holder. Non-authorized use of a third party…

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