The defendant is the proprietor of the EU figurative mark “Terra Greca” with priority from February 18, 2019, which is registered for goods such as meat, dairy products, seafood, oils, soups and broths, meat extracts and processed fruit and vegetables. The applicant is the proprietor of the EU figurative mark “Terra Greca” with priority dated May 8, 2020, which is registered for, inter alia, pasta and other pasta products (class 30).

OLG overturns decision of first instance in dispute over ‘Terra Greca’

The defendant issued a warning to one of the plaintiff’s customers for infringing its earlier trademark. The plaintiff assumed that this warning was unlawful and sued for injunctive relief. The court of first instance found in her favor. However, the Court of Appeal assessed the case differently in legal terms and amended the decision of the lower court and dismissed the claim. This was based on the fact that the average consumer is familiar with the fact that pasta products (such as noodles in this case) are also sold by companies that also offer ingredients for pasta dishes. There was therefore no absolute dissimilarity between the goods, but at least a slight similarity. There was therefore a likelihood of confusion between the EU figurative mark “Terra Greca” and the word/figurative mark “Terra Greca” used within the meaning of Art. 9 para. 2 b EUTMR.

An appeal was not allowed, so the judgment is final (OLG Frankfurt a.M., judgment of November 17, 2022 – 6 U 277/21).