The Similarity Criterion , In Grants' Vs Grand Rare Whisky

01 Nov 1999

The commercial Court of Lebanon rendered a decision preventing the trademark "Grand Rare Whisky" from usage in the Lebanese market. Moreover, the Court decided to cancel the aforementioned trademark and compensated the owners of the infringed trademark "Grant's" 12 million LP (the equivalent of $1.500 U.S) for the damages.
William Grant & Sons Ltd., the plaintiff, is a famous Scotch company who manufactures whisky under its well-known trademark "Grant's". The Scotch Company learned that its trademark is being infringed in the Lebanese markets through Nadir Co., which manufactures the whisky and bottles it; and Lialco Co., which distributes the infringing good. Accordingly, "Grant's" filed a lawsuit against infringes. The court issued a seizure ordering the police to seize infringing goods.
The most interesting recitals of the courts' decision came as follows:
The court stated that it is the courts' competence to determine the similarity criterion. For to the layman consumer, the overall fashion of the product is what counts not deference in the trademarks elements. Consequently, the court decided that the trademark "Grand Rare Whisky" is similar to trademark "Grant's" in a confusing manner to the layman consumer.
The layman consumer does not usually spot the phonetic deference between similar trademarks. For, to him/her, the basic phonetics is "Grand" and "Grant's". Which each product is famous of in terms of the market. The additional wording is not necessarily recognized by the layman consumer.
Moreover, the trademarks subject to question are similar because they are both used on whisky products, although the bottles are different.
The aforementioned infringement action was based on unfair competition. The damages of 12 million L. P were calculated in accordance with the quantities seized in position of the defendants. The plaintiff had claimed 50 million L. P for damages.


AGIP's Millennium Celebration
Salzburg July 20, 2000

SEMINAR
IPR of Musical Productions

CONCERT
Orient et Occident opus25
CAMIILLE SAINT SAENS

Concerto Andalou
JOAQUIN RODRIGO

For 4 Guitars & Orchestra. Soloists:
Maya Le Roux, Dagoberto Linhares, Raymond Migy, Christophe Leu

Concerto Pour Piano NO1 opus34
ADNAN SAYGUN
Soloist: Ramzi Yassa

Antar
RIMSKY KORSAKOV

Antar Winning Piece
AWARD WINNER

RAMZI YASSA
Ramzi Yassa is the winner of several international prizes. He has appeared both live and on television throughout the world and has been applauded in major concert halls. His concerto performances have associated him with such conductors as Charles Groves, Yehudi Menuhin, Zubin Mehta and Horst Stein.
Born in
Cairo, Ramzi Yassa studied in the prestigious Tchaikovsky Conservatoire in Moscow. He won a certificate of Honour in the Tchaikovsky Competition, as well as First Grand Prix in the Paloma O'Shea International Competition in Satander. In 1988, Ramzi Yassa was invited to play in the inaugural concert of the new Cairo Opera House. He received the Franz Liszt Centenary Commemorative Medal. Ramzi Yassa adjudicates regularly at international piano competitions in the United States and Europe. Amongst his recordings are several CD's released by the Belgian company Pavane. Besides his performing activities, he is pianoforte Professor at the Ecole Normale de Musique ( Alfred Cortot ) in Paris. He is also the director of the Cairo Opera.

ANTAR
A mythical Arab Hero and Lover, Antar is now celebrated by AGIP, in an international competition organized by SACEM (Societe des Auteurs Compositeurs et Editeurs de Musique). AGIP and SACEM will award the winning piece themed Antar with The AGIP Musical Composition Prize. The piece will be performed by the Mozarteum Orchestra of
Salzburg at the end of our Millennium Celebration.



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