We have always been taught that we have to compare apples with apples, and certainly not with oranges. But what if the famous apple logo opposes a pear logo (see below)? Then, duty calls.
We did see it earlier in the case between Ford which objected to Torq, sometimes you are better off as well-known trademark to base your opposition on claiming the reputation of your mark (and unfair advantage). In that case, the trademarks in question do not need to be similar, but the relevant public has to establish a link between the marks, in practice, a less severe criterion. The EUIPO also states that this ground requires less similarity between trademarks.
Good news for Apple as, after taking the hurdle of the evidence of reputation, EUIPO was of the opinion that it was likely that the consumers of these products would make the connection between the marks. And that by using this logo Pear technologies would take unfair advantage.
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