FRIDAY, 13 MAY 2011
A case of thin v. slim (Flaco v. Delgado) and cattle
In Judgment T-74/10, the General Court confirmed there is likelihood of confusion on the grounds of Article (8) (1) (a) of the CTMR between contested sign FLACO filed by Flaco-Geräte GmbH opposed by Jesús Delgado Sánchez on the basis of identical word sign FLACO.
The issue at stake was regarding the contested goods, the Board rightly held that the description in Spanish of the goods covered by the earlier mark, ‘maquinaria agrícola ganadera’, had been correctly translated into English by the opposing party as ‘agricultural cattle machinery’, which is broad enough to include the ‘milking machines and fittings, automatic milking devices; washing machines for milking machines’ of the contested sign because they are complementary, aimed at the same consumers, follow the same lines of trade and the same origin and point of sale.
The Court rejected the Flaco-Geräte’s argument that it is unlikely that dairy farmers who produce on a large scale would need the goods covered by the earlier mark, or, conversely, that cattle breeders who breed on a large scale would need the goods covered by the mark applied for, holding that it should not be ruled out the situations in which a dairy farmer also breeds cattle or, conversely, a cattle breeder whose cattle produce milk could be interested by both the goods covered by the identical trademarks.
Posted by: Laetitia Lagarde @ 14.41