Aldi GmbH & Co. KG v. Rico van Huizen

Aldi GmbH & Co. KG

Case details

Defendant: Rico van Huizen

Case no.: R2621/2019-4

Jurisdiction: European Union

Industry: Retail

Decision date: 24 Nov, 2020


Genuine use of the earlier mark 'ALDI' for clothing and retail of clothing (or any other goods and services) has not been proven. As regards the other earlier marks invoked under Article 8(1)(b) EUTMR, taking into account the low degree of visual and aural similarity between the signs, the absence of any conceptual link between them, and the no more than normal distinctiveness of the earlier mark, there is no likelihood of confusion, even taking into account identical goods and a normal level of attention of the relevant public. The opponent also invoked Article 8(5) EUTMR but all its arguments were related to the existence of a likelihood of confusion under Article 8(1)(b) EUTMR. In any event, reputation for retails services for clothing (or any other goods or services) has not been proven. The arguments raised before the Boards of Appeal as to the link which would exist between the contested goods in Classes 18 and 25 and ‘retailing in clothing products’ in Class 35 are belated.

Comparison of Trademarks