Despite the graphical differences and the different endings of the signs, the Federal Administrative Court found that the Swiss public could confuse the trademarks Facegirl with Facebook in the field of dating services. In particular, the judges found a risk of wrong belief that the offerings of each trademark could come from the same company or from two economically linked companies. The opposition lodged by Facebook was therefore confirmed and the trademark Facegirl was denied protection for most of the goods and services covered. This decision of May 27, 2020 further reaffirms the distinctive strength of the trademark Facebook, built on its reputation. On the same basis, the tribunal previously cancelled the trademark StressBook for computer software and services of design and development of computer hardware and software, in a decision of January 23 , 2018 (B-681/2016). As shown again, the well-known status of a trademark – which involves the storage of evidence showing that, is a precious means of broadening the scope of its protection.
Our news on intellectual property
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