|Contested CTM application|
|Giovanni Cosmetics: do they cost the Earth?|
After you buy them, you can't afford clothes ...
In the present dispute there was no likelihood of confusion although the goods were identical or similar and the marks had a certain degree of similarity. Looking at the circumstance of the case, besides the first name Giovanni, the CTM application also contained the surname "Galli" and a duck design which contributed to substantial visual differences between the marks, especially taking into account that EU consumers can always see cosmetics and cleaning preparations before purchasing them.
Merpel is very puzzled by the applicant's mark. As a linguistic expert, she knows that "Gallo" is the Italian for a rooster and that "Galli" is the plural form of "Gallo" (like "spaghetti", being the plural of "spaghetto"). But the bird on the applied-for sign is a duck, which is nothing like a rooster ...
* Artwork from Paul & Joe's Spring Collection 2012, on style frizz.