When FAKE DUCK applies for trademark protection for its logo for clothing and bags, Save The Duck opposes this application based on its older logo, which was registered for identical products. Fake Duck initially loses, but it doesn’t leave it at that. Ultimately, the case reaches the ECJ (European Court of Justice).
This court first checks whether the trademarks are similar. Both signs consist of a black silhouette of a duck and contain the word DUCK. The signs are visually and conceptually similar. The auditory similarity even more so, as FAKE and SAVE sound quite alike. The average consumer knows the difference between FAKE and SAVE. But is this enough?
No. SAVE THE DUCK is a well-known trademark in Italy however. As a result of its intense use it has a highly distinctive character and the products are identical. Conclusion: there is a risk of confusion. The FAKE DUCK trademark is refused despite the different words.
