Lidl Stiftung & Co Kg v. Scholl Limited

Lidl Stiftung & Co Kg

Case details

Defendant: Scholl Limited

Case no.: O/098/06

Jurisdiction: United Kingdom

Industry: Food and Drink

Decision date: 04 Oct, 2006

Decision

The Hearing Officer compared the respective goods and considered that the applicant’s goods in Classes 8 and 10 were far removed from the goods of the opponent; the goods in Class 5 were only vaguely similar but the goods in the applicant’s Class 3 application were similar to the goods of the opponent. The Hearing Officer then went on to compare the respective marks CHIC and device and CHIC FEET. While he accepted that there were visual and aural similarities because of the presence of the word CHIC he decided that conceptually they were different and that overall there was unlikely to be misrepresentation even in relation to the applicant’s Class 3 goods. Opposition, therefore, failed.

Comparison of Trademarks

CHIC

CHIC FEET

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