Aldi GmbH & Co. KG v. Aleš Titlbach

Aldi GmbH & Co. KG

Case details

Defendant: Aleš Titlbach

Case no.: R0556/2020-2

Jurisdiction: European Union

Industry: Retail

Decision date: 06 Feb, 2020


The contested goods ‘toys’ are similar to an average degree to the ‘playing cards’ of the earlier EUTM. The signs are overall similar to an average degree. The relevant public is the public at large throughout the European Union with an average level of attention. The earlier mark has a normal distinctive character for ‘playing cards’. In light of all the foregoing, taking also into account the principles of interdependence and the imperfect recollection of the public at issue, there is reason to assume that a significant part of the relevant public may be misled into thinking that the similar goods bearing the overall similar conflicting signs come from the same undertaking or, as the case may be, from undertakings that are economically linked.

Comparison of Trademarks