Confusing airplane tails - the sequel

The new branding of airline company Lufthansa meant a switch from the familiar yellow-blue to white-blue.

This new corporate identity was not welcomed by everyone with enthusiasm. According to the Polish airline LOT there is a risk of confusion with its white-blue logo and aircraft tail. The European Trademarks Office disagreed and ruled that there is only a conceptual similarity, which is insufficient to assume likelihood of confusion. The opposition from the Polish airline was rejected. You can find more information about this in our earlier blog post: A Tale of Two Tails.

LOT refused to give up and appealed against the decision, claiming that a significant part of the evidence it submitted has not been taken into consideration. The Board of Appeal of EUIPO agrees with this argument and states that there was indeed a failure to assess whether additional evidence, submitted at a later stage, is admissible. Since the evidence appears to be relevant to the outcome of the opposition, specifically concerning the distinctiveness and reputation of the Polish airline's trademarks, the Opposition Division must evaluate this evidence.

The contested decision has been annulled and the Boards of Appeal refers the case to the Opposition Division for reassessment. Depending on the outcome regarding reputation and/or improved distinctiveness, this case could get an interesting twist. To be continued......  

Author: Erwin Haüer

Bio: Erwin is a trademark attorney and, as the managing partner, in charge of IT and Information Management. He works extensively with startups and scale-ups, while his clientele also includes numerous multinational corporations. Erwin possesses a sharp wit and a keen eye for remarkable trademark news and curious brand infringements.