June 26, 2024
CITMA Article- A Leap Too Far: Opposition Division decides Puma has a reputation in sports goods but not soundproofing
CITMA Article- A Leap Too Far: Opposition Division decides Puma has a reputation in sports goods but not soundproofing

A recent decision in a case between Puma SE and Puma SRL is of interest as it reminds us that while EU trade mark law gives an increased scope of protection to brands with a reputation, there are limits to that scope. This case is an illustration of the limits on the distance between the goods applied for and those for which the brand is reputed. Here, despite the clearly very similar marks, the accepted fame of the earlier mark and the fact that similarity of goods is not necessary, it was the “enormous dissimilarity of the goods and markets” that precluded the existence of the necessary link needed to apply Article 8(5) of the EU Trade Mark Regulation (EUTMR).

Geoff Weller explains the significance of the case in an article for CITMA. You can read the full article here.

Tags
Fashion /  Trademarks /  Sport /  Disputes

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