General Court: the fact that an element is weakly distinctive does not mean that it is of secondary importance

European Union

In Morgese v EUIPO, the General Court has confirmed that there was a likelihood of confusion between the figurative sign 2 STAR for goods in Classes 9, 18 and 25, and All Star CV’s earlier figurative mark ONE STAR for goods and services in Classes 18, 25 and 35. Among other things, the court held that similarity cannot be automatically ruled out if the signs coincide in elements which are weakly distinctive.

Unlock unlimited access to all WTR content