The Higher Regional Court of Munich addressed a trademark dispute between Audi and NIO regarding model designations. Audi holds EU trademarks ‘S6’ and ‘S8’ for vehicles, while NIO sought to register ‘ES6’ and ‘ES8’, which were initially canceled due to Audi's opposition. In 2023, NIO’s trademarks were invalidated by the EU Intellectual Property Office. Despite this, NIO continued using ‘eS6’ and ‘eS8’ on its website, prompting Audi to sue for infringement. The court upheld Audi’s claims, emphasizing that consumers would perceive ‘eS6’ and ‘eS8’ as indicating origin, creating confusion due to phonetic similarities, despite the distinct branding practices in the automotive sector.
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