Judgment_paragraph 50 · Calvin Klein Trademark Trust v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-254/09 P)

50The assessment of the similarities between the signs at issue is of a factual nature and, save where the evidence and facts are distorted, is not subject to review by the Court of Justice. Such distortion must be obvious from the documents on the Court’s file, without there being any need to carry out a new assessment of the facts and the evidence (see Case C-8/95 P New Holland Ford v Commission [1998] ECR I-3175, paragraph 72; Case C-551/03 P General Motors v Commission [2006] ECR I-3173, paragraph 54; Case C-167/04 P JCB Service v Commission [2006] ECR I-8935, paragraph 108; and the judgment of 7 May 2009 in Case C-398/07 P Waterford Wedgwood v Assembled Investments (Proprietary) and OHIM, paragraph 41).

Calvin Klein Trademark Trust v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-254/09 P)

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