Instagram, LLC v. Byss Mobile Spolka Jawna Marcin Krakowiak, Tomasz Sarnowski, Grzegorz Moździerz

Instagram, LLC


The Board concludes that the conditions of Article 8(5) EUTMR are fulfilled as the contested mark can be associated with the earlier mark and, in view of the identity between the goods, it is capable of taking unfair advantage of the well-established reputation of the earlier trademark and the considerable investment undertaken by the cancellation applicant to achieve that reputation. No due cause existed at the time the contested EUTM was filed. Accordingly, the appeal is dismissed and the contested decision is confirmed.

Comparison of Trademarks