Confused? Non Really; Lament For Lost Generics

Likelihood of confusion? Or mere possibility?

Yesterday the Court of First Instance of the European Communities (CFI) gave its ruling inwards Case T-154/03 Biofarma SA v OHIM, Bausch & Lomb Pharmaceuticals, Inc intervening. B&L applied to register equally a Community merchandise score the give-and-take score ALREX, for 'ophthalmic pharmaceutical preparations, namely amount drops, solutions, gels in addition to ointments used for the handling of amount infection in addition to inflammation’ (Class 5). Biofarma opposed, citing its before registrations of the give-and-take score ARTEX inwards France, the Benelux in addition to Portugal for 'pharmaceutical speciality used inwards the cardiovascular field; pharmaceutical, veterinarian in addition to sanitary products; textile for stopping teeth, dental wax’ (also inwards Class 5) in addition to alleging a likelihood of confusion. The Opposition Division upheld the opposition on the footing that both the marks in addition to their respective goods were similar. The Board of Appeal disagreed, finally that, spell both parties' products brutal inside Class 5, at that spot wasn't much similarity betwixt them: those of B&L were for the eyes, spell those of Biofarma weren't. The Board too idea at that spot wasn't much similarity betwixt the marks. Biofarma appealed.

The appeal succeeded in addition to the Board of Appeal's conclusion was annulled. The CFI agreed that that the relevant consumers were medical specialists in addition to full general practitioners who would prescribe the respective products, too asset that those products were neither complementary nor inwards contest amongst ane another. At this point, B&L must accept been feeling quite comfortable virtually their lead chances of winning. However, the CFI held that, reverse to the Board's finding, at that spot was a high grade of similarity betwixt the marks themselves. This similarity was thus high, the CFI felt, that fifty-fifty the relatively large gap betwixt the products themselves could non forestall a likelihood of confusion.

is unimpressed. This seems to him to live on ane of those cases that the Irish Gaelic Patents Office keeps mentioning, inwards which 'likelihood of confusion' is confused amongst 'possibility of confusion'. He hopes that B&L volition accept the courage to comport on using its score in addition to telephone yell upward Biofarma's bluff. We mightiness come across thus whether at that spot actually is a likelihood of confusion. Merpel's non thus sure. You shouldn't displace to provoke litigation, she says. Haven't yous argued before that it's frequently cheaper in addition to to a greater extent than prudent than to alter to a novel yell rather than to cope over an former one?


Found quite past times chance

While reading a recent number of The Onion the IPKat stumbled across this link to the next delightful piece, posted on xv Apr 1998:

NATION'S LAST THEMELESS RESTAURANT CLOSES

An era came to an cease Tuesday when Pat's Place, the nation's finally themeless restaurant, shut its doors inwards Dubuque. "We achieved a for sure local notoriety for our unique non-themed nutrient in addition to unadorned atmosphere," said possessor Patrick Baines, "but sales were sluggish, equally most people would only come upward inwards to gawk at our photoless walls in addition to mundanely named card items similar 'hamburger' in addition to 'pancakes.' Then they would caput over to the Rainforest Cafe, Hard Rock Cafe, Planet Hollywood, All-Star Cafe, Johnny Rocket's or Disney Cafe downwardly the street." Once vacated past times Baines, the edifice volition leave of absence habitation to Dubuque's 7th Paddy O'Touchdown's Irish Gaelic Sports Bar & Good-Tyme Internet Grill.

The signal is this. When everything becomes branded, nosotros lose sight of the generic. This process, the IPKat observes, is happening throughout Europe, wherever regular generic or descriptive price leave of absence on ending upward equally Protected Designations of Origin or Protected Geographical Indications. Soon at that spot won't live on whatever generic cheeses, he wails.