The online-Portal of the specialist magazine World Trademark Review on 14.10.2016 contained an article by BOEHMERT & BOEHMERT partner and trademark law expert Dr Florian Schwab entitled “General Court confirms genuine use of earlier mark and likelihood of confusion” on the recently published decision of the Court of the European Union (T-204/14 VICTOR ./. VICTORIA) from 7 September 2016. In its decision, the Court confirmed a risk of confusion between the older Spanish registered mark VICTORIA and the more recently registered Community mark VICTOR, amongst other things in relation to shoes. The decision shows the classic assessment of questions of right-preserving use, the distinction of previous market and the similarity of goods. Dr F. Schwab has for many years commented on judgement for the WTR Daily. Those subscribing to the WTR Daily can see the entire article here.
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