This principle is known and used in the Hungarian courts. As regards Hungary, the amount of interes

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The fashion magazine Vogue has become fashion park a symbol and a major player in all of what today we call fashion. The most prestigious fashion magazines are generally classified, throughout Europe, and even beyond the sea is one of the highest-selling newspaper. In sum, this name should not trifled with. This urban legend is supported by a recent decision fashion park also born in Switzerland, which has enormous significance in trademark law perspective. fashion park Since Switzerland is not a EU Member State, fashion park the courts are often different aspects influence the outcome of a case, such as Hungary and other EU law enforcement decisions - we saw the Lego case. Sometimes, however, happens to be a non-EU European countries follow the practice fashion park of trademark law, apply its principles, thereby strengthening it. This phenomenon is always fashion park a positive effect on the development of case law.
We do not sell a pig in a poke connected to this place: historical scene in Switzerland, more precisely, Neuchatel canton capital city of Neuchatel. A cosmetics and watches on Swiss firm, named the Wasfi Taher and Riba Watch Suisse Ltd. has wise just can not be said decision when products are the hallmark fashion park of a new brand of choice, as the Vogue My Style ("Vogue My Style") by name Lerin to the famous magazine koppintották. Vain 'My Style' fashion park gold plating expression, even a layman appears fashion park in the visible, audible similarity.
Encountered in a trade mark case the two parties, as the owners fashion park of the magazine's name right spoke against the application, and even launched a patent infringement lawsuit is before the provincial court. Interestingly, in the first round, the court did not accept the reasons put forward by the likelihood of Vogue, despite fashion park surveys has been provided in Vogue awareness, as the Court held that the scope of the goods (fashion magazine and watches / jewelry / cosmetics) fashion park are completely different, so the mark does not extend to them. The court of first instance fashion park so the application failed Vogue basis in the case of trade mark law, the court only competitive basis, even referring to the fraudulent practices allowed the magazine needs.
As we stated at the beginning, this is not the kind of case where the Swiss and EU case law collide. Law of the European fashion park Court of Justice in such cases - more than likely fashion park - Vogue would give the truth, because this brand to such an extent jóhírnevű and known not only for their own Sections (in respect of the goods covered by the mark is registered) will be protected, but those classes are, The ones otherwise the business is concerned. fashion park
In general, the trademark only enforceable against those liable to be confused with Mark, where the range of goods / services in question are similar. Why it is necessary exceptions to the general principle exception for jóhírnevű marks? The brand names jóhírnevű prestige and esteem elenyészhet easily if the quality of service fashion park behind the brand is not correct. This phenomenon is called the risk of védjegyfelhígulás (for details, see Ralph Lauren's case), which most threatens the well-known trademarks. After all, just think about it: if a well-known name was used in the marketing of other products, the ordinary consumer might believe that this new product to the existing (and not another) business. Today, no glaring case in which a successful business is expanding to new sectors, throwing new products to market with the name of the brand you grasping fans enthusiastic about the shop shelves.
I do not happen to formulate nuanced when all you have to note that the European fashion park Court of Justice "is more than likely the Vogue would give the truth." The argument referring védjegyhígulásra few jurisprudence can be found, and that they are, they are not always recognized by the ECJ in the realization of the concept. However, the Swiss Federal Supreme Court so decided, when corrected by the decision at first instance, held that not only the competition, fashion park but trademark law legs can stop the judgment, since "the famous fashion park trade marks for each product are protected, even those that are the trademark otherwise not used. "
This principle is known and used in the Hungarian courts. As regards Hungary, the amount of interest is that the protection of the Mansion practice jóhírnevű marks - the text of the law