Kernrechtsfrage
Whether the appellant's sign ROSSI within an ellipse infringed earlier trademarks by creating a likelihood of confusion
Extrahierter Entscheid
Yes. The surname Rossi remained the distinctive element of the earlier marks; the verbal similarity dominated and the ellipse did not dispel confusion.
Extrahierte Begründung
Earlier marks were filed first; products were similar; in the overall impression the consumer would retain Rossi, and confusion could be direct or indirect.