Davidoff & Cie SA v. Gofkid Ltd (2003)

“Fame invites imitation, but the law guards reputation even beyond confusion.”

Short Description :

This case refined the concept of trademark protection for dissimilar goods under EU law. It confirmed that owners of well-known marks could prevent unauthorized use of their mark on unrelated goods or services if such use exploited or tarnished their reputation.

Facts :

Davidoff, a Swiss company famous for luxury fragrances, held trademarks for “Davidoff” in various categories. Gofkid Ltd used the same name for clothing products without authorization. Though the goods were different, Davidoff argued that the mark’s prestige and distinctiveness would be diluted by such use. The UK court referred the issue to the CJEU for interpretation.

Findings / Reasoning :

The CJEU held that trademark protection extends to dissimilar goods where the mark has a reputation, and its use by others takes unfair advantage of or harms that reputation. The court reasoned that dilution, blurring, or tarnishment can occur even without consumer confusion. Therefore, Davidoff’s mark was protected against Gofkid’s clothing brand.

Suggestions / Observations :

The decision strengthened the rights of reputed brands across industries. It established that reputation itself is a valuable asset deserving independent protection. Businesses were cautioned that exploiting famous names, even in unrelated markets, could trigger infringement claims.

Judgment & Date :

In 2003, the CJEU ruled in favor of Davidoff, confirming broader protection for trademarks with substantial reputation even beyond identical goods.