The IP analytics firm Darts-IP has recently published a report
entitled Top 10 Product Comparisons Worldwide. The report
looks at which products and services come up most often in disputes
about similarity in trade mark cases, be they oppositions or
infringements. The report is based on cases from around the world.
But are there lessons to be learned?
The report shows that clothing comes up more often in disputes
than any other product. Companies often argue about whether the
following are similar: clothing and footwear; clothing and
headgear; clothing and diapers (nappies); clothing and umbrellas;
clothing and leather goods; and clothing and travel bags. Arguments
that have been raised in support of the claim that the goods are
similar include the fact that the goods serve similar purposes (for
example, protecting people from the elements), that they're
regarded as fashion items, that they're made by the same
companies, and that they're sold in the same
