News
The Messi case: the fame of the owner of a mark excludes any confusion
- 22/05/2018
By Judgment of 26th April 2018, the General Court of the European Union has held that the famous football player Messi may register his mark ‘MESSI’ for sports clothing, notwithstanding the opposition by the owner of the highly similar mark “MASSI”, earlier registered for similar goods.
With regard to this, the General Court has stated that the fame enjoyed by Messi is such that the average consumer will perceive the mark “MASSI” as being conceptually different from the mark “MESSI”.
Given that the conceptual differences between the two signs counteract the visual and phonetic similarities between them, the use of the mark “MESSI” does not create any likelihood of confusion with the mark “MASSI” on the part of the consumers.
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