With some infringe matters and oppositions you immediately think: why did you even file that mark? The matter is so evident. For example, we recently noticed the opposition between Hugo Boss against Lee Boss. The logos are very similar. No doubt about that. You can even say that Lee Boss is a copy of the Hugo Boss logo. The only difficult aspect in this matter is the similarity of products: Lee Boss is filed for kitchen appliances. Products which are rather different from the clothing of Hugo Boss.
In order to prevent such trademarks, well-known trademarks have a broader protection. But even in clear cases like this one, Hugo Boss has to proof the reputation of its trademark. And to substantiate why Lee Boss can take advantage of the reputation of Hugo Boss.
Nevertheless, Hugo Boss succeeds in demonstrating the reputation of its trademark for clothing. Subsequently, the EUIPO examined the link between the trademarks: could the consumer make this link? One of the factors is the similarity of products. The EUIPO takes the view that these products are indeed very different. However, as Hugo Boss is a luxury brand and is active in several segments, it is not excluded that Hugo Boss could sell kitchen products as well. Therefore, a link can be made.
Finally, the last question whether Lee Boss could take advantage is more rhetorical question in this case: yes. A nice victory for Hugo Boss!
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