Carusa, S.L. v. Lidl Stiftung & Co. KG

Carusa, S.L.


The conflicting goods have been found to be identical and similar and the signs visually highly similar, aurally similar to a low degree and have no conceptual meaning. The evidence of use provided demonstrates sufficient proof that the use made of the mark was real and the opponent clearly intended to maintain or create a share in the market and was found to be sufficient to comply with the conditions relating to time, place, extent and nature of use, but only in respect to part of the goods. For the goods identical or similar there is a likelihood of confusion and for those lowly similar there is no likelihood of confusion. The appeal is partially well founded and the contested mark allowed for boots for motorcycling, motorcycle clothing in Class 25 and dismissed for the remainder.

Comparison of Trademarks