Impossible Foods cannot block the registration of the device of a flying elephant and the words IMPOSSIBLE BAKERS as an EU mark, so the EU General Court decided.
The court emphasized that in the realm of supermarkets, visual comparison holds significant weight, with the flying elephant standing out prominently. The term 'Bakers' takes precedence, while 'Impossible' (with inverted 'S' letters) is seen as less distinctive and somewhat laudatory. Consequently, there is no likelihood of confusion with the prior word mark IMPOSSIBLE.
However, I don't think this will be the end of the story. Impossible Foods has a history of robust legal actions, as seen in their battle against Nestlé's "Incredible Burger." While the General Court's decision allows for the registration of this specific combined device, the real challenge may arise in a fast-moving consumer goods (FMCG) setting where the elephant may be taking a stroll and only the words 'Impossible Bakers' are used. In that situation the infringement analysis will need to be made all over, with an unknown outcome.
The real challenge may arise in a fast-moving consumer goods (FMCG) setting where the elephant may be taking a stroll and only the words 'Impossible Bakers' are used.
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