Clothing trademark case sets language precedent

ITALY: Clothing trademark case sets foreign language precedent

By just-style.com | 10 April 2007

Clothing companies cannot assume a high level of linguistic knowledge amongst their consumers when assessing claims that they may confuse different uses of the same foreign word in rival brands, a European Court of Justice (ECJ) advocate general is suggesting.

In a case between Italian clothing manufacturer Ponte Finanziaria and compatriots FMG Textiles, ECJ advocate general Eleanor Sharpston has had to rule on whether Ponte's range of 'Bridge' marks could be confused with FMG's Bainbridge mark.

In her formal opinion, the advocate general said "an average Italian consumer would identify the meaning of the English element 'bridge' in [Ponte's] marks, but…that the element would not be understood in the same way as part of the term 'Bainbridge'…"

For this reason and others, Sharpston recommended Ponte's latest bid to resist the registration of the Bainbridge mark be rejected.

Advocate general's rulings get rubber stamped by the full ECJ 90% of the time.

By Keith Nuthall.

Sectors: Apparel