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General Court: Illiria (figurative) v Castillo de LIRIA
In Case T‑541/14, the General Court dismissed the appeal in the following opposition between Italian and Spanish wine producers:
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Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris Srl (Italy)- CTM applicant |
Vicente Gandía Pla, SA, (Spain) - earlier CTM |
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CASTILLO DE LIRIA |
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Class 33 'wine' |
Class 33 ‘Alcoholic beverages, in particular wine and sparkling wine’ |
The Fourth Board of Appeal of OHIM annulled the decision of the Opposition Division, which was confirmed by the GC. First, wines are usually subject to widespread distribution, ranging from the food section of a department store to restaurants and cafes, and that the relevant public is the average consumer of everyday consumer goods who is deemed to be reasonably well informed and reasonably observant and circumspect. The signs at issue bore a low degree of visual similarity; secondly, there is at least a medium degree of phonetic similarity between those signs; thirdly, in so far as a substantial portion of consumers in the European Union would not associate the elements ‘illiria’ and ‘liria’ with a particular concept, the conceptual comparison remained neutral for the relevant public. Moreover, the expression ‘castillo de’, in so far as it is widely used by Spanish wine producers and corresponds to the equivalent words ‘château’, ‘castello’, ‘Schloss’ or
‘castle’ in other EU languages and in the designation of wines, will be considered to be descriptive by a substantial part of the relevant public, ensuring that the attention of that public will focus on the word ‘liria’, which for that public is fanciful. Lastly, with regard to the overall assessment of the likelihood of confusion, given that it was necessary to attach particular weight to the phonetic aspect, and considering that the elements other than ‘illiria’ and ‘liria’ had a lower distinctive character and that a substantial portion of the public would consider those terms to be meaningless words, there was a likelihood of confusion between the signs at issue in view of the identical goods.
Tags: wine, castillo de liria, illiria, salento, likelihood of confusion,
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