I'm interested in the cases of linguistic similarity between trademarks, especially in the european field. This kind of similarity consists in translating a trademark into a foreign word with a same meaning, or using a foreign word which spelling or pronunciation is very close to those of the first one. Of course, we must verify the identity or similarity of the goods or services covered by the trademarks in the same country. Moreover, consumers must be able to understand both of the languages in the case of a similar meaning.
I've found several examples of that kind of similarity in Europe.
What do you know about it ?
Thanks !
Philippe
Harlem Wizards Entertainment v. NBA Properties Inc. ; National Basketball Association; and Capital Bullets Basketball Club.
United States District Court, D. New Jersey
952 F.Supp. 1084 (1997)
The court held that the linguistic similarity between two trademarks will not be confusing if they are directed to different groups of customers.
Thank you, Nabeel, for your answer. This case is quite interesting.
However, I think my question is not precise enough : I'm searching for cases about linguistic similarity between two trademarks in different languages. Do you any case of that kind ?
I will edit my question.
Thanks again.
Best regards.
Philippe
"THE DOCTRINE OF FOREIGN EQUIVALENTS AND LIKELIHOOD OF CONFUSION" In determining whether to apply the doctrine, the examining attorney should consider the following factors: (1) whether the English translation is unambiguously literal and direct; (2) whether the foreign language is a common, modern language and not obscure; and (3) whether the mark has an alternate meaning, or marketplace circumstances or the commercial setting in which the mark is used make translation of the mark more or less likely. This determination, however, hinges on the translation evidence. If the foreign word or term has a direct English language equivalent, then the doctrine is generally applied.
at: http://www.uspto.gov/trademarks/resources/exam/examguide1_08.jsp
Thanks for your answer ! This link is very interesting.
I'd like to know more about the third point you mentioned, because (as I know) we don't find it in the similar doctrine of foreign equivalents and likelihood of confusion that is applied by European courts (and French ones in my case).
Does someone have further information about it ?
Best regards.
Philippe
- Badges
- Science topic
- Similar topics
- Geoscience
- Asia
- India