Cristal Clear; Modesty Doesn't Quite Forbid

CRISTAL clear that confusion is likely?

has but been reading today's Community merchandise score opposition conclusion from the Court of First Instance inwards Case T-29/04, Castellblanch, SA, v OHIM, Champagne Louis Roederer SA, intervening.

Back on 1 Apr 1996, when OHIM opened its doors to CTM applications, Castellblanch applied to register every bit a CTM a figurative score (above, right) for wines too sparkling wines inwards Class 33. Roederer opposed, citing its before Danish, French, German, Irish, UK too international registrations of the give-and-take score CRISTAL for ‘wines originating from France, namely champagne, sparkling wines too alcoholic beverages (except beers)’, also inwards Class 33, every bit good every bit well-known merchandise marks inwards Belgium, France, Britain too Deutschland for ‘wines from Champagne’.

In Oct 1999 the Opposition Division upheld the opposition, basing its conclusion alone on the before French mark. It held that at that topographic point was sufficient prove to assay genuine role of the before score too that, given the identity of the goods at number too the similarity of the conflicting signs, every bit good every bit the highly distinctive grapheme of the before score on the French market, at that topographic point was a likelihood of confusion on the business office of the relevant public, namely the French consumer. In Dec 1999 Castellblanch appealed, limiting its merchandise score application to ‘Spanish sparkling wines of the cava variety’. In Nov 2003 the Board of Appeal dismissed the appeal. Castellblanch appealed.

The Court of First Instance dismissed the appeal. In doing so, it had to take in the value of marketplace survey prove relating to the before mark. Said the CFI:

"66 The Gallup survey studied the ‘reputation of prestige champagne vintages inwards France, Italy too inwards the United Kingdom’ inwards Feb 1999. It is apparent from the business office entitled ‘Context, objectives too methodology’ that the intervener’s representatives wished to behavior out a build awareness survey of champagne of the score CRISTAL ‘among hotels, restaurants too upscale vino cellars’ too that the ‘information was collected from vino waiters or primary cellarmen inwards hotels, restaurants too upscale vino cellars’. In each of the countries studied 100 interviews were carried out.

67 It must hold upward noted that the survey shows the renown of the score CRISTAL for only a business office of the relevant public. It did non await into the renown of the score CRISTAL alongside average consumers, but alongside professional person consumers who, moreover, are highly specialised inwards the field. In addition, the other documents produced yesteryear the intervener also exhibit renown only for a specialised public, since they are generally extracts from specialist newspapers inwards the wine-producing business. It cannot hold upward established from those documents that the score CRISTAL enjoys a reputation alongside average French consumers.

68 However, fifty-fifty though renown or reputation of the before score cannot hold upward found for the whole of the relevant world at that topographic point is a likelihood of confusion betwixt the opposing marks, including a likelihood of association, given the identity or, at least, the high grade of similarity betwixt the goods inwards dispute too the similarity of the respective signs. It is also immaterial whether the before score has intrinsically high distinctive grapheme or not".

The CFI shot downwards the applicant's declaration that at that topographic point was no likelihood of confusion since the marks had coexisted inwards the marketplace. Castellblanch had non shown that whatever coexistence resulted from an absence of a likelihood of confusion; moreover, the coexistence was anything but peaceful since the 2 parties had been involved inwards a number of disputes involving the same marks.

Right: the undercover constituent of many CTM disputes

is distressed to mean value that it has taken from Apr 1996 till Dec 2005 to instruct this far. Is it because the parties kept wanting adjournments too extensions, he wonders.

Roederer wines here; Castellblanch wines here
Make your ain cava bottle here
Hangover cures here and here


Modesty doesn't quite forestall ...

IPKat co-blogmeister Jeremy but can't quite assist getting excited virtually the publication today of the 7th edition of the Butterworths Intellectual Property Law Handbook, of which he is Consultant Editor. Butterworths' website says it hasn't been published yet, but Jeremy's copies receive got already arrived. At £105 for nearly 2,000 pages of international, regional too national (UK) IP laws, it's guaranteed to render endless hours of fun for the dedicated reader.

The paper is actually sparse also so, if you lot don't similar reading photocopies that behavior the ghostly impression of whatever's printed on the other side, build certain you lot purchase 2 copies too a brace of pair of scissors ...