Plaintiff: Dial GmbH
Defendant: Dalux
Case no.: R1271/2022-5
Jurisdiction: European Union
Industry: Retail
Decision date: 27 Mar, 2023
The contested goods and services are identical in a small part and similar for the most to an average degree. The earlier mark is inherently distinctive to an average degree. The conflicting marks are similar to an average degree and phonetically similar to an above average degree for the relevant Polish public. There is a likelihood of confusion on the part of the relevant Polish speaking public. Even an attentive public retains only an imperfect image of the marks and may not necessarily remember the additional vowel ‘I’ in earlier mark 2, and banal and decorative device element of the contested mark.
DIALux
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