Starbucks Corporation v. Hellenic Milk and Flour Industry S.A. (EVGA)

Starbucks Corporation

Case details

Plaintiff: Starbucks Corporation

Defendant: Hellenic Milk and Flour Industry S.A. (EVGA)

Case no.: R 1023/2016-4

Jurisdiction: European Union

Industry: Food and Drink

Decision date: 13 Feb, 2017

Subject matter: Complementary evidenceConceptual similarityDatabase printoutDistinctive elementDominant elementEnhanced distinctivenessEvidence of useIdentity of goods and servicesLikelihood of confusionNature of the goods and servicesNew submission on appealPhonetic similarityPress articlesProof of usePurpose of the goods and servicesReputationSimilarity of goods and servicesSubstantiation of earlier rightVisual similarityWeak element

Decision

The request for a declaration of invalidity fails on the basis of all the earlier marks and all grounds invoked.

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