Distinctiveness of well-known brands: It can sometimes seem contradictory that brands with an enhanced distinctive character are afforded broader protection.
Aren't consumers less likely to be confused when faced with copycats of a luxury brand?
Relying on reputation / unfair advantage (if any) will often help trade mark owners succeed where there is no likelihood of confusion. This is what the Italian Supreme Court recently reminded the Florence Court of Appeal in a case opposing Gucci to a third party seeking to register a “G” mark.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
