Judgment_paragraph 22 · Barbara Becker v Harman International Industries Inc (C-51/09 P)

22First, Ms Becker criticises the General Court for having based its assessment on the judgment in Fusco v OHIM – Fusco International (ENZO FUSCO), according to which Italian consumers attribute greater distinctiveness to the surname than the forename in a trade mark. She observes in that respect that in a more recent judgment, of 12 July 2006, in Case T-97/05 Rossi v OHIM – Marcorossi (MARCOROSSI), paragraphs 46 and 47, the General Court stated that such a general rule did not automatically apply in every situation, as each case should be examined individually, and that the surname common to the two marks in that case was not sufficiently dominant in those marks to lead to a likelihood of confusion.

Barbara Becker v Harman International Industries Inc (C-51/09 P)

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