El Corte Ingles Appeal Fails

The Court of First Instance (CFI) ruling inward Case T-8/03 El Corte Inglés v OHIM, which dates from thirteen Dec 2004, has straightaway been made available inward English. cheers Melonie Atraghji (an IP PSL at Freshfields) for letting him know.

Somebody applied to register every bit a Community merchandise score a figurative score containing the words EMILIO PUCCI for goods inward Classes 3, 18, 24 too 25. El Corte Inglés opposed, every bit the proprietor of the national figurative marks EMIDIO TUCCI for goods inward Classes three too 25. The opposition was exclusively partially successful, too so El Corte Inglés appealed. The number before the CFI was likelihood of confusion nether Article 8(1)(b) of Council Regulation 40/94.

Emilio Pucci: fashionable CTM application succeeds inward part

Dismissing the appeal, next a lengthy review of the police pull too the facts, the CFI said (at para.73):

"OHIM too the intervener are thence right to receive got the view, similar the Board of Appeal, that the high seat of distinctiveness allegedly acquired past times the applicant’s before marks every bit a lawsuit of the recognition of those marks on the marketplace and, accordingly, the reputation allegedly enjoyed past times the marks were non sufficiently established past times the fabric submitted past times the applicant during the administrative physical care for since it did non include adequately substantiated or verifiable objective show to instruct inward possible to assess the marketplace part held past times the marks EMIDIO TUCCI inward Spain, how intensive, geographically widespread too long-standing purpose of the marks has been or the sum invested past times the task inward promoting them (see, past times analogy, Joined Cases C-108/97 too C-109/97 Windsurfing Chiemsee [1999] ECR I‑2779, paragraph 51)".

Emidio Tucci: known, only non good known plenty to fend off sound-alike rival

is unhappy nearly the CFI's terminology. The applicant for the CTM is referred to every bit "the intervener" too the opponent is referred to every bit the applicant. While this may live on technically correct, it's jolly hard for us cats to follow. Surely if soul starts life every bit "the applicant" because he's the 1 who applies for the merchandise mark, it makes trivial feel to telephone telephone soul else "the applicant" farther on inward the same proceedings.