Calvin Klein Trademark Trust v. Helio Lozano

Calvin Klein Trademark Trust

Decision

Taking into account the normal inherent distinctiveness, the acquired high degree of distinctiveness through use and the reputation of the earlier marks in combination the highest possible degree of closeness between the conflicting goods which are identical and thus target identical sections of the public, the similarity between the signs suffices to conclude that a link between the conflicting marks for the goods at issue is established. As a consequence of the link established, use of the contested mark would take unfair advantage of the distinctiveness or reputation of the earlier trade marks. The fact that consumers confronted with the mark ‘GHLAIN KLAIN’ used in connection with the goods in Class 25 will think of ‘CALVIN KLEIN’ being reputed for identical goods, will positively influence the consumer’s choice who is likely to choose to use ‘GHLAIN KLAIN’ products precisely because of the positive association with the earlier reputed trade marks.

Comparison of Trademarks

CALVIN KLEIN

GHLAIN KLAIN

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