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Okt 03, 2011
Dr. Michael Factor, JMB, Factor & Co., Israel
Aharon Factor Esq., JMB, Factor & Co., Israel

Miss Sexy and Miss Sixty not Confusingly Similar


Dr. Michael Factor, JMB, Factor & Co., Israel, Aharon Factor Esq., JMB, Factor & Co., IsraelFronsac, a clothing manufacturer based in Germany, applied for Israel Trademark 205879 for Miss Sexy. Iris Line which has a registered trademark for Miss Sixty opposed the registration. Both marks are for clothing in the same class, but the list of goods is somewhat different.
Iris Line claimed that their mark is well known, with worldwide annual sales exceeding $40,000,000. They claimed that the word sexy is descriptive and lacks inherent distinctiveness. They also claimed that the proposed mark offended public sensibilities.
Ya'ara Shoshani-Caspi, Arbitrator of Intellectual Property for the Israel Patent Office, ruled that the opposers failed to establish that their mark fell into the category of a well known mark and that the nature of the words Sexy and Miss are so lacking in distinctiveness that the combination is also lacking in distinctveness. She also decided that the Israel public  read more