Union Investment Privatfonds GmbH v UniCredito Italiano SpA (C-317/10 P)

Judgment of 16 Jun 2011

law://eu/cjeu/2010/c-317-10/para_45@2026-11-13

45However, it is settled case-law that the existence of a likelihood of confusion on the part of the public must be assessed globally, taking into account all factors relevant to the circumstances of the case (see, to that effect, Case C-251/95 SABEL [1997] ECR I-6191, paragraph 22; Case C-342/97 Lloyd Schuhfabrik Meyer [1999] ECR I-3819, paragraph 18; Case C-334/05 P OHIM v Shaker [2007] ECR I-4529, paragraph 34; and the judgment of 20 September 2007 in Case C-193/06 P Nestlé v OHIM, paragraph 33). Whereas the evaluation of those factors is an issue of fact that cannot be reviewed by the Court, failure to take all of those factors into account, on the other hand, constitutes an error of law (see, to that effect, Case C-51/09 P Becker v Harman International Industries [2010] ECR I-5805, paragraph 40) and may, as such, be raised before the Court in the context of an appeal.

Union Investment Privatfonds GmbH v UniCredito Italiano SpA (C-317/10 P)

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