Balani Balani and Others v EUIPO - Play Hawkers (HAWKERS) (Judgment) French Text [2019] EUECJ T-651/18 (26 June 2019)

Balani Balani and Others v EUIPO - Play Hawkers (HAWKERS) (Judgment) French Text [2019] EUECJ T-651/18 (26 June 2019)

The evidence submitted by the opponent established the reputation of the earlier mark for sunglasses in Spain at the relevant date. The marks in conflict are nearly identical and the products, though not identical, are sufficiently proximate as fashion accessories to create a link in the mind of the public. There is...

Source-derived case information.

Citation
[2019] EUECJ T-651/18
Parties
Applicant: Sonu Gangaram Balani Balani; Applicant: Anup Suresh Balani Shivdasani; Applicant: Amrit Suresh Balani Shivdasani; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Opponent: Play Hawkers, SL
Jurisdiction
European Union
Procedural Posture
EU Trademark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
Trademark Opposition, EU Trademark Law, Famous Marks, Likelihood of Association, Parasitism
Intellectual Property Trademark Opposition EU Trademark Law Famous Marks Likelihood of Association Parasitism

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Parties

Sonu Gangaram Balani Balani

Applicant

Anup Suresh Balani Shivdasani

Applicant

Amrit Suresh Balani Shivdasani

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

Play Hawkers, SL

Opponent

Procedural Posture

EU Trademark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the evidence established the reputation of the earlier mark in Spain for sunglasses
  2. 2 Whether there was a risk of undue advantage being taken of the reputation of the earlier mark under Article 8(5) of Regulation (EU) 2017/1001

Ratio Decidendi

The evidence submitted by the opponent established the reputation of the earlier mark for sunglasses in Spain at the relevant date. The marks in conflict are nearly identical and the products, though not identical, are sufficiently proximate as fashion accessories to create a link in the mind of the public. There is a risk that the applicants would unfairly benefit from the reputation of the earlier mark, satisfying Article 8(5) of Regulation (EU) 2017/1001. The applicants’ arguments regarding the lack of market surveys, differences in products, and public are not persuasive and do not undermine the Board of Appeal’s findings.

Court Disposition

Appeal dismissed

Orders

  • The appeal is rejected.
  • Applicants are condemned to pay costs.