Plaintiff: Hugo Boss AG
Defendant: Massa Finance BV
Case no.: O/170/99
Jurisdiction: United Kingdom
Industry: Fashion
Decision date: 18 Jun, 1999
Subject matter: Visual similarityLikelihood of confusion
The opponents based their objections on a number of registrations of their mark BOSS, HUGO BOSS, BOSS/HUGO BOSS and HUGO/HUGO BOSS. The Hearing Officer concluded that the marks at issue had their own distinct meanings - the opponents’ by registration, the applicants’; by nature. Visually, aurally and conceptually the marks were quite different, he said he came to the same conclusion under Section 5(3) and 5(4)(a). The Section 3(6) objection was dismissed as the opponents had not discharged the onus upon them to establish their case.
HUGO BOSS
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