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Case T-371/19: Judgment of the General Court of 15 July 2020 — Itinerant Show Room v EUIPO — Save the Duck (FAKE DUCK) (European Union trade mark — Opposition proceedings — Application for EU figurative mark FAKE DUCK — Earlier EU figurative mark FAKE DUCK — Relative ground for refusal — Likelihood of confusion — Relevant public — Similarity of the goods and services — Similarity of the signs — Global assessment of the likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62019TA0371
62019TA0371
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Official Journal of the European Union
C 371/9
(Case T-371/19) (*)
(European Union trade mark - Opposition proceedings - Application for EU figurative mark FAKE DUCK - Earlier EU figurative mark FAKE DUCK - Relative ground for refusal - Likelihood of confusion - Relevant public - Similarity of the goods and services - Similarity of the signs - Global assessment of the likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2020/C 371/07)
Language of the case: Italian
Parties
Applicant: Itinerant Show Room Srl (San Giorgio in Bosco, Italy) (represented by: A. Visentin, M. Cartella and B. Cartella, lawyers)
Defendant: European Union Intellectual Property Office (represented by: M. Capostagno, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Save the Duck SpA (Milan, Italy) (represented by: M. De Vietro, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 5 April 2019 (Case R 1117/2018-1), concerning opposition proceedings between Forest Srl and Itinerant Show Room.
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Itinerant Show Room to pay the costs.
(*)
Language of the case: Italian.
ECLI:EU:C:2020:371
* * *
(*) Language of the case: Italian.