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ARTICLE · 08 JANUARY 2014

Intellectual Property Bulletin - Winter 2013

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

Charles Russell Speechlys LLP

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The EU General Court has annulled a decision of the OHIM Appeal Board and has ruled that the marks BALLON D’OR and GOLDEN BALLS are not so similar that they were likely to confuse customers.

United KingdomIntellectual Property
Charles Russell'S Intellectual Property Group
Charles Russell'S Intellectual Property Group

TRADE MARKS

Use of unauthorised celebrity images in fashion – a case of passing off?

Please click here for our recent article on the use of unauthorised celebrity images in fashion.

Golden Balls and Ballon D'Or – a likelihood of confusion?

The EU General Court has annulled a decision of the OHIM Appeal Board and has ruled that the marks BALLON D'OR and GOLDEN BALLS are not so similar that they were likely to confuse customers.

Golden Balls Ltd v OHIM, Cases T-437/11 and T-448/11, 16 September 2013.

Comment

Mr and Mrs Bodur are now free to register GOLDEN BALLS as a CTM. The case illustrates the approach the Court is likely to take when considering an opposition concerning two similar marks (that is, similar in that one requires translation to be similar).

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