Is Vodka the same as champagne? The similarity of products or services is a precondition for the likelihood of confusion. If the products are not similar, there can be no confusion. In assessing similarity EU case law tells us to check whether the products are in direct competition or are complementary to each other. Moreover, the sales channels, character of use and origin of products have to be assessed.
Yes, vodka is similar to champagne, according to a recent decision of EUIPO. These are not identical products but do share the same character (alcoholic beverages), method, sales channels and may origin from the same company.
As the marks are also very similar: the famous Moët champagne on one side and Moe 1886 on the other side, the conclusion was rapidly made: the vodka brand was rejected.
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