Plaintiff: Peek & Cloppenburg (KG)
Defendant: Deimos Lederwaren GmbH
Case no.: R1476/2022-5
Jurisdiction: European Union
Industry: Fashion
Decision date: 23 May, 2023
The contested goods are for the most part similar to an average degree to the earlier goods and only ladies handbags; handbags for ladies are similar to at least a low degree to jackets for men; outer clothing for men for which genuine use was proved. The signs are visually and aurally similar to an average degree. The conceptual factor is neutral since it is very unlikely that a substantial part of the relevant public will associate the contested sign with the name of any known town and there is, in the light of recent case-law, no specific concept from the first name ‘JAMES’. The earlier mark is distinctive to an average degreeThere is a likelihood of confusion for a significant part of the relevant EU public even for those goods that are similar to a low degree, given that the coinciding element ‘JAMES’, which is the sole element of the earlier mark, is fully contained at the beginning of the contested sign. The ending ‘TOWN’ is distinctive to a weak degree and, in any event, is not more distinctive than the coinciding element ‘JAMES’
JAMES
JAMESTOWN
