Wojdala Magdalena, Non‑textual elements in judicial opinions: overview

In 2014, the Court of Justice of the European Union (hereinafter: ‘CJEU’) adjudicated on Coca-Cola v OHMI – Mitico (Master). Its task was to establish the similarity of trade-marks used by two companies. Modern Industrial & Trading Investment Co. Ltd (Mitico) sought to register a figurative sign as a community trademark (t.m. 1) at the Office for Harmonization in the Internal Market (Trade Marks and Designs; OHIM). However, the Coca-Cola Company filed a notice of opposition with regard to four earlier Coca-Cola Company community figurative marks (t.m. 2) and an earlier United Kingdom figurative mark ‘C’ (t.m. 3). The opposition and the appeal raised by the Coca-Cola Company were dismissed. In the next stage, the Court considered, inter alia, the similarity of the said trademarks. The evidence included screenshots (s.s. 4) of Mitico’s website, which demonstrated that Mitico was using the mark for which the company applied in the course of its trading. Consequently, the case was settled...