Plaintiff: Apple Inc.
Defendant: Feng Wu
Case no.: R0473/2022-2
Jurisdiction: European Union
Industry: Technology
Decision date: 29 Nov, 2022
Considering, on the one hand, the partial identity and partial similarity to an average degree between the goods and that they target the same consumers, and, on the other hand, the inherent distinctiveness and the high level of reputation of the earlier trade mark, the Board finds, contrary to the contested decision, that the relevant public will reasonably establish a mental association between the applicant’s trade mark and the earlier mark. The Board is of the opinion that the use of the contested sign constitutes a misappropriation of the earlier mark’s attractive powers and advertising value. This may stimulate the sales of the applicant’s products to an extent which may be disproportionately high in comparison with the size of its own promotional investment and thus lead to the unacceptable situation where the applicant is allowed to take a ‘free-ride’ on the opponent’s investment in promoting and building-up good will for its trade mark.
Apple
