ECJ confirms that there is no likelihood of confusion between KRISPY KREME DOUGHNUTS and DONUT/DONUTS

European Union

In Panrico SA v EUIPO, the ECJ has upheld a decision of the General Court finding that there was no likelihood of confusion between the figurative mark KRISPY KREME DOUGHNUTS and Panrico’s earlier word mark DONUT and figurative mark DONUTS. Among other things, the General Court had held that, in the case of Class 30 goods, the visual aspect was more important than the phonetic aspect since the acquisition of such goods depended primarily on their visual impression.

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