Loutfi Management Propriété Intellectuelle SARL v. AMJ Meatproducts NV and Halalsupply NV
European Union Court of Justice
Case No. C-147/14 (2015)
- Written by Jody Stuart, JD
Facts
Loutfi Management Propriété Intellectuelle SARL (Loutfi) (plaintiff) owned two registered Community trademarks and filed a claim in Belgium for trademark infringement against AMJ Meatproducts NV and Halalsupply NV (collectively, the sellers) (defendants). The national court held that: (1) the goods covered by Loutfi’s trademarks and the sellers’ sign were identical or at least similar, and (2) the word elements El Bnina, El Benna, and El Baina, in Latin script, were dominant in Loutfi’s marks and the sellers’ sign, as were the same words in Arabic script to a lesser extent. These verbal elements were somewhat similar visually, but the pronunciation and meaning of these elements differed substantially. The national court also found that the relevant public must be defined as the Muslim consumers of Arab origin who consumed halal food products in the European Union and who had at least a basic knowledge of written Arabic. The national court requested a preliminary ruling from the European Union Court of Justice regarding interpretation of Article 9(1)(b) of Council Regulation No. 207/2009.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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