In Monster Energy Company v European Intellectual Property Office (EUIPO) (Case T-407/15), the EU General Court upheld a decision of the EUIPO’s Fifth Board of Appeal. The General Court concluded that – regardless of the degree of similarity or even identity of the goods at issue, or the reputation or enhanced distinctiveness of the earlier marks – there was neither likelihood of confusion under Article (8)(1)(b) nor infringement under Article 8(5) of the EU Trademark Regulation (207/2009).

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