Court of Paris: Lack of similarity between perfume and clothes
The infringement action opposing the EU trademark ”CREMIEUX” covering various clothing goods to the trademark “RUE CREMIEUX” designating a perfume was dismissed by the Court of Paris.
European case law acknowledges similarity between perfume and clothes only when they use the same distribution networks or when a functional or aesthetic complementarity between such goods is established.
In this case, the Court of Paris (contrary to some decisions rendered by the Court of Appeal) considered that perfume and clothes were neither similar nor complementary, as aesthetic complementarity may not be regarded as a determining factor.
As the goods of the trademark "CREMIEUX" and "RUE CREMIEUX" cannot be attributed to the same undertaking by the public, the likelihood of confusion or association cannot therefore be established.
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