Nute Partecipazioni SpA and La Perla Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-59/08)

Judgment of 7 Dec 2010

law://eu/cjeu/2008/t-59-08/para_42@2026-11-12

42In order to determine whether the use of the later mark takes unfair advantage of the distinctive character or the repute of the earlier mark, it is necessary to undertake a global assessment, taking into account all factors relevant to the circumstances of the case, which include the strength of the mark’s reputation and the degree of distinctive character of the earlier mark, the degree of similarity between the marks at issue and the nature and degree of proximity of the goods or services concerned. As regards the strength of the reputation and the degree of distinctive character of the earlier mark, the stronger that mark’s distinctive character and reputation are, the easier it will be to accept that detriment has been caused to it. In addition, the more immediately and strongly the earlier mark is brought to mind by the later mark, the greater the likelihood that the current or future use of the sign is taking, or will take, unfair advantage of the distinctive character or the repute of the earlier mark or is, or will be, detrimental to them (see, to that effect and by analogy, Intel Corporation, paragraphs 67 to 69 and L’Oréal and Others, paragraph 44).

Nute Partecipazioni SpA and La Perla Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-59/08)

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