Ruiz-Picasso and Others v OHIM and DaimlerChrysler AG [2006] C-361/04

Is true that members of public viewing Defendant’s mark post-purchase would pay far less attention to it than purchaser (and therefore be likely to be confused)

• However this does not mean there is confusion

Relative ground of refusal rejected

Two reasons:

1. Nature of goods means that consumer will inspect them closely before buying

   • I.e. goods in question (cars) are highly technological, thus aural / visual differences are less important

2. Conceptual differences outweigh aural and visual similarities between signs

   • Picasso is well known painter, whereas Picaro has no meaning outside Spain

   • Reputation of Picasso means consumers will inevitably think of him when looking car