Fendi’s Legal Battle: Navigating Trademark Challenges in Retail Services

Fendi a name synonymous with luxury👑, elegance🎩, and groundbreaking designs🎨, has been at the forefront of the fashion industry since its establishment🏭.

Known for its craftsmanship🔨 and innovative approach🚀, Fendi has carved out a significant niche in luxury goods, especially in leather goods👜, fur🧥, and ready-to-wear collections👗.

However, the path of a luxury brand is not without its legal battles⚖️, particularly in protecting its valuable trade marks🔒.

Today, we’re going to explore a significant dispute involving Fendi.

In the context of this dispute between Fendi and Yilang Co. Ltd, it is important to note the specific rules for assessing the similarity of services and goods with regard to services in Class 35 of the Nice Classification📑. In this case, particular consideration should be given to those services that are primarily based on retailing – that is, the activity or business of selling goods or merchandise in relatively small quantities for use or consumption rather than for resale🛍️.

In the case of Class 35, the specification of retail services relating to the sale of goods using terms such as “including, but not limited to, for example, including, notably, such as” is not sufficiently precise🎯.

Furthermore, it is established practice that retail services related to the sale of specific goods and other goods are not similar🚫.

This is because overly broad protection would be given to retail services where similarity is established, when the goods sold at retail are merely similar to goods covered by another mark🔖.