GUCCIO GUCCI S.p.A. v. Gussaci S.r.l.

GUCCIO GUCCI S.p.A.

Case details

Plaintiff: GUCCIO GUCCI S.p.A.

Defendant: Gussaci S.r.l.

Case no.: R0141/2011-1

Jurisdiction: European Union

Industry: Fashion

Decision date: 29 Sep, 2011

Subject matter: Identity of goods and servicesLikelihood of confusionReputationSimilarity of goods and servicesSimilarity of the signs

Decision

The parties have not put forward any arguments relating to the issues of high distinctiveness and reputation, nor have they objected to the findings concerning proof of use. This being the case and after reviewing the vast amount of material filed by the opponent, the earlier mark ‘GUCCI enjoys reputation in connection with ‘eyeglasses in Class 9, ‘jewellery, watches in Class 14, ‘leather goods in Class 18 and ‘clothing, shoes in Class 25. Having regard to the similarity between the conflicting signs, the reputation of the mark ‘GUCCI, the association that the mark ‘GUSSACI suggests with the opponents marks, and to the identity and similarity between the goods concerned in Classes 14, 18 and 25, there is a likelihood of confusion including the likelihood of association on the part of the average consumer. The relevant average consumer is likely to believe that the goods bearing the trade mark applied for and the goods of the opponent come from the same or economically-linked undertakings. The appeal is dismissed.

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GUCCI

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