Here you can find the Judicial Decisions concerning trademark likehood of confusion.
|
PRIOR TRADEMARK |
SUBSEQUENT TRADEMARK |
GOODS AND SERVICES |
DECISION |
NOTE |
COURT |
|
CHUFI(denominative) |
CHUFAFIT(denominative) |
SIMILAR |
NO LIKELIHOOD OF CONFUSION |
Word-mark, registered for similar goods but different with reference to graphic character, pronounce and logical meaning |
Trib.I grado CEE, 6 luglio 2004, n. 117 |
|
BABY LULU’ (denominative with design of a flower)
|
LULU’(figurative) |
SIMILAR |
NO LIKELIHOOD OF CONFUSION |
The trademark made up of the word “lulù” with a design is really common, so it is to be considered weak |
Trib Venezia, 30 dicembre 2004 |
|
OLLY GAN(denominative) |
HOOLIGAN(denominative) |
IDENTICAL |
NO LIKELIHOOD OF CONFUSION |
Visual difference and lack of conceptual similarity cause lack of likeness; in particular in fashion world, as in the present case, because consumer memorizes trademark with reference to the concept of name and surname. |
Trib. I grado CEE, 1 febbraio 2005 n.57 |
|
MISS ROSSI(denominative) |
SISSI ROSSI(denominative) |
IDENTICAL |
NO LIKELIHOOD OF CONFUSION |
Being really common in clothing sector the use of the surname and being surname Rossi so much frequent, consumer will not suppose any relationship between the competitors |
Trib. I grado CEE, 1 marzo 2005, n. 169 |
|
ENZO FUSCO(denominative) |
ANTONIO FUSCO(denominative) |
IDENTICAL |
LIKELIHOOD OF CONFUSION |
In the present case, it has been decided that surname Fusco is more distintive than the names Enzo e Antonio. |
Trib. I grado CEE, 1 marzo 2005, n. 185 |
|
PENNY(denominative trademark used with different descriptive words |
PENNY SILVAN(denominative) |
DIFFERENT |
LIKELIHOOD OF CONFUSION (famous trademark) |
Trademark ideological core is characterized by the word “penny” |
Trib. Napoli, 29 aprile 2005 |
|
CENTOVENTUNO(denominative) |
121 BANCA(denominative) |
DIFFERENT |
NO LIKELIHOOD OF CONFUSION |
Though phonetic assonance of numerical elements, the addition of the word “banca” is sufficient to avoid confusion. |
Cass.28 ottobre 2005, n. 21086 |
|
LEVIA |
LEVISSIMA |
IDENTICAL |
NO LIKELIHOOD OF CONFUSION |
There is no likelihood of confusion when differences concerning graphic aspect and phonetic effect of the pronounce appear immediately to consumer of average intelligence buying with ordinary caution. |
Trib. Cagliari, 30 maggio 2005 n. 1309 |
|
POLO |
ROYAL COUNTRY OF BERKSHIRE POLO CLUB(complex trademark- words arranged as a locket) |
DIFFERENT |
NO LIKELIHOOD OF CONFUSION |
Global evaluation of the risk of confusion with reference to similarity should be based on global impression given by the trademarks, considering in particular their dominating distinctive elements, especially in case of complex trademark. |
Trib. I Grado CEE, 21 febbraio 2006, n. 214 |