Likelihood of confusion cannot be subject to a condition that the overall impression produced by the composite sign be dominated by the part of it which is represented by the earlier mark: General Court therefore not obliged to find that the element ‘so’ was dominant in order to find that the signs at issue were similar.
Appeal against the judgment of the General Court of 23 September 2014 in which the General Court upheld the action brought against the succesfull opposition of Groupe Lea Nature based on the EU word mark “So…?” against the figurative sign “SO’BiO ētic”. According to the General Court the signs were not similar. The Court of Justice dismisses the appeal.
IPPT-version to follow.