- Court of Justice sets aside General Court judgment and considers assessment of similarity (EUIPO v Equivalenza Manufactory SL)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: The Court of Justice had to consider which approach a tribunal should adopt when considering the similarity of signs. It has long been established that, where the signs are not similar at all, there is no need for the tribunal to move on to consider the likelihood of confusion (as the similarity of signs is a prerequisite under Article 8(1)(b) of Regulation (EC) 207/2009). This decision addresses whether, after the signs are found to be similar at one stage of the analysis, it is possible for that finding to change by reason of a subsequent finding. Written by Phillip Johnson, barrister, professor of commercial law, Cardiff University.
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