GUCCIO GUCCI S.p.A. v. Juan Carlos Tello Alvarado

In Italy, France and the UK, the earlier mark will undoubtedly be pronounced in the Italian style, since the reputation of this trade mark on the market implies knowledge on the part of the relevant consumer of the correct pronunciation in the original language, including outside of Italy. In that country, the trade marks obviously start with a different consonant sound and also finish with a different vowel sound. In French and Entlish, the marks will quite obviouly be even more different aurally. The same applies in the German language, given the fact that, contrary to what is maintained by the opponent, the final letter ‘E would also be pronounced and stressed in this language. With regard to the visual comparison, the signs are quite short, and the differences in the intial and final parts clearly outweigh their similarities. The CTMA is sufficiently different from the opponent's mark to rule out the likelihood of confusion even in respect of identical clothing products, and to rule out any risk that the use of the trade mark applied for would take unfair advantage of the distinctive character or the repute of the earlier trade mark or be detrimental thereto. Consumers, on seeing the trade mark filed, ‘DUCCIÊ, even if they are familiar with the ‘GUCCI trade mark, will not confuse the trade marks and will not believe that the goods in question come from the same undertaking or, as the case may be, from economically linked undertakings. The appeal is dismissed.