Do you get the picture?
Today's ruling in Case T-307/08 Aldi Einkauf v OHIM - Goya Importaciones y Distribuciones (4 OUT Living) is a decision of the Court of First Instance of the European Communities on an appeal by Aldi against a partially successful opposition lodged by Goya against its application to register a figurative sign, "4 OUT Living", in the face of a likelihood of confusion with an earlier Spanish figurative mark "Living & Co".
If you click here you can read the judgment in full, and you get the impression that both figurative marks are reproduced. However, the IPKat finds annoyingly that he quite often gets the "image not found" text and icon (as happened to him here), which means he has no means of comparing the marks.
This causes the Kat to wonder -- since he has achieved the same depressing result over the years on several different computers and when using different browsers -- whether the problem is confined to him or whether there are hordes of people out there who have the same difficulty in comparing figurative marks on the Curia site. Accordingly he's holding a swift micro-poll (see left-hand sidebar) to try to gauge how many visitors to the Curia site can actually see the images. If enough of us can't view the images, it may be time to make some discreet representations to the court.
If you click here you can read the judgment in full, and you get the impression that both figurative marks are reproduced. However, the IPKat finds annoyingly that he quite often gets the "image not found" text and icon (as happened to him here), which means he has no means of comparing the marks.
This causes the Kat to wonder -- since he has achieved the same depressing result over the years on several different computers and when using different browsers -- whether the problem is confined to him or whether there are hordes of people out there who have the same difficulty in comparing figurative marks on the Curia site. Accordingly he's holding a swift micro-poll (see left-hand sidebar) to try to gauge how many visitors to the Curia site can actually see the images. If enough of us can't view the images, it may be time to make some discreet representations to the court.