In Groupe Léa Nature SA v EU Intellectual Property Office (EUIPO) (Case T-341/13, June 8 2017), the EU General Court (Sixth Chamber) held that the EUIPO Board of Appeal had correctly assessed that there was a likelihood of confusion between the marks at issue with regard to the goods which were identical or similar under Article 8(1)(b) of Regulation 207/2009. Consequently, there was a “risk of tarnishment” of the image associated with the earlier mark which was registered in respect of cosmetic products for the purposes of Article 8(5) of Regulation 207/2009.

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