Plaintiff: OPUS ONE WINERY LLC.
Defendant: GEORGES VIGOUROUX SAS
Case no.: R0744/2022-4
Jurisdiction: European Union
Industry: Food and Drink
Decision date: 14 Feb, 2023
The signs were considered visually similar to a below average degree and aurally similar to an average degree mostly on account of the coincidence in the initial part of the signs. Conceptually depending on the perception, they are either conceptually similar to an average degree or dissimilar. The goods have been found to be identical, they have the same nature, coincide in distribution channels and method of use. Overall due to the identical string of letters placed at the beginning of the marks, the differences between them are insufficient to overcome the similarities and there is a likelihood of confusion.
OPUS
OPUSCULE
