Kazaa Deemed Confusingly Like To Casa

The Register reports that Sharman License Holdings, the society behind the controversial P2P utility in addition to search engine Kazaa, has been unable to obtain the registration of its merchandise grade nether the Community merchandise grade system. Kazaa may fifty-fifty convey to modify its mention inwards Germany. FastTrack, the society that developed Kazaa in addition to thence sold its rights to Australian society Sharman, had previously lost a Community merchandise grade opposition against High German society SpeedWare Software GmbH, which claims that inwards the High German linguistic communication the mention Kazaa is phonetically similar to Casa, the merchandise grade it uses for (database) search software.

FastTrack applied to register KAZAA dorsum inwards 2000 amongst OHIM, the Office for Harmonisation inwards the Internal Market, which registers Community merchandise marks in addition to Community designs. SpeedWare Software GmbH (which straight off operates nether the mention of Nemetschek CREM Solutions) vigorously opposed the Kazaa application, claiming that a likelihood of confusion existed equally the marks were phonetically the same in addition to the goods/services for which Kazaa was sought to hold out registered were identical or similar". Sharman disagreed, argument that the minute syllable of CASA started amongst the missive of the alphabet 's', piece the grade applied for KAZAA contained the quite odd missive of the alphabet 'z', Sharman argued. Moreover, the double missive of the alphabet 'a' was atypical inwards the High German language. From a phonetic betoken of view, CASA is pronounced equally the Castilian give-and-take 'casa', amongst the emphasis on the kickoff syllable 'ca' in addition to a soft in addition to curt audio for the minute syllable. OHIM, however, concluded that the merchandise marks were indeed phonetically similar inwards the High German language. Now that FastTrack/Sharman’s CTM application has failed, the society may straight off convey to apply its build mention individually inwards each fellow member state. More importantly, it tin hold off opposition from Nemetschek CREM Solutions inwards Germany.

understands how frustrated FastTrack/Sharman must be, given the fact that the KAZAA build mention is hugely known simply about the world, piece the prior-registered CASA grade is not. He wonders whether FastTrack/Sharman volition appeal on the footing that it is equally good famous a grade to hold out probable to hold out confused amongst the before mark.

Confusion here, here and here
ConFusion here and here; Confucius here and here