Formula One Licensing BV v OHIM

Sunday, 08 May 2011

By Rohan Massey, McDermott Will & Emery. In Formula One Licensing BV v OHIM [2011] unreported, the General Court of the European Union has held that the combination of “F” and “1” would be perceived as an abbreviation of “Formula 1” and descriptive of racing cars and races. Accordingly, there was no likelihood of confusion between the F1 mark and a later figurative mark for “F1 live”.

BACKGROUND

Racing-Live SAS (which later assigned the application to Global Sports Media Ltd) applied for the following Community trade mark (CTM) covering goods and services in Classes 16, 38 and 41:

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