Cabinet Chaillot - Jurinea Action for Infringement Jurinea Form 1162 Parties to the case ALLEGRO (Mark) versus ALGHERO (Mark) ALGHERO (Semi-figurative mark) 06-15-01, CA de Paris (Appeal) Domain --- Issue of law Result Proceedings --- Late admissible conclusions No Foreclosure by tolerance No --- Mark registered more than 5 years before Yes --- Use of the mark during 5 years No Fraudulent filing of the mark No Speciality of goods and/or services --- Identity of goods or services ------ Footwear - and - Footwear Yes Comparaison of the signs --- Same beginning, same end Yes --- Identical starting syllable(s) Yes --- Same amount of syllables Yes --- Same amount of letters Yes --- Operative inversion of a letter No --- Phonetic similitude Yes --- Visual similitude Yes --- Intellectual similitude No Global appreciation --- Same customers No --- Risk of confusion according to global appreciation Yes Infringement of the mark Yes Enacting terms: Invalidation of the mark Yes Order on the ground of Art 700 NCPC 3,048 Euros Order to pay costs to the defendant Yes Set aside of the decision Non Dismiss of the appeal Yes Publication(s): PIBD 2002, Ref.: 733, III, 13

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