Confusion in trade marks occurs where a consumer assumes that two parties are in some way economically connected due to similarities in their trade marks.
In a case earlier this spring, the Swedish Patent and Market Court dismissed an infringement action based on the reputed mark SOFIERO in relation to beers against SOFIERO KAFFEROSTERI used for coffee. The court concluded that coffee beans and ground coffee are dissimilar to beer and that the relevant consumer is not likely to find…
The case of CWS-Lackfabrik Conrad W. Schmidt GmbH & Co. KG v Policolor, looks at traditional issues as likelihood of confusion, but also at the thorny issue of whether earlier rights need to be valid at the time of issuing a decision or only at the relevant date for the cause of action. Lackfabrik owned the…
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 Luxembourg (“GC”) (pending case T‑8/17). For recollection: in 2007, two applications for registration of GOLDEN BALLS as EU trademarks were…
