Plaintiff: GUCCIO GUCCI S.p.A.
Defendant: Million Force Limited
Case no.: R0592/2008-1
Jurisdiction: European Union
Industry: Fashion
Decision date: 28 Jan, 2009
The visual differences between the signs are obvious. The fact that ‘MO:RUCCI is longer than ‘GUCCI and the unusual position of the symbol ‘: constitute sufficiently significant differences. The shape of the letter ‘R is not even remotely similar to the ‘G. The squared graphic of ‘MORUCCI and the symbol ‘: will easily capture the attention of the public. In aural terms, even if it is considered that the applicants trade mark will be read as ‘Emdee Rucci, it is not in any way similar to ‘Gucci. Given the significant differences between the trade marks it is highly unlikely that the average consumer of clothing, jewellery or leather goods (in Classes 14, 18 and 25) - who is well-informed and attentive - will think that ‘MO:RUCCI or ‘MD:RUCCI have something in common with ‘GUCCI, irrespective of the obvious fact that the opponents sign is a world-renowned name. There is therefore no likelihood of confusion. The appeal id dismissed.
GUCCI
