For lovers of fast cars and the brand Ferrari, Ferrari Land is an unmissable activity during a holiday on the Costa Brava. However, these people will have to wait, the theme park isn’t likely to open until 2016.
Obviously, Ferrari already registered Ferrari Land as a trademark. Quite useful as somebody thought to be clever and applied for Ferrari Land in the EU, for identical products and services.
Identical trademark for identical products and services. Trademark attorneys will immediately smile: that is an easy (sub a) one. No confusion whatsoever has to be proven. However, this was the story until the Court of Justice introduced some creative case law ruling that the breach of the essential function of trademark is a condition for use of the sub a ground of protection.
But the OHIM is still straightforward. Probably, the OHIM is of the opinion that the condition that the functions of the mark in the proceedings is more of a factual assessment. As use and facts are not of direct influence for a ruling of the OHIM, this instance can just apply the sub a ground as usual.
At the end, Ferrari won the case with the speed of its cars.
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