In first instance the suit is lost, but in appeal the football club takes the win after all. The figurative marks are similar, certainly for the non-German public in the EU. The argument in defence that Bayern (Bavaria) and Munich are geographical names is pushed aside because in many languages the regions have a different name (such as Bavaria and Monakovo). Because the logo is registered in black and white, a non-German consumer will fail to recognize the Bavarian flag in it because it is blue. The layout is more or less the same. Consequence: the trademarks are similar.
