The EU General Court found there was no confusion between the mark FRUTISOL, registered for coffee, tea and cocoa in class 30 and fruit juices and aerated drinks in class 32, and the word mark SOLFRUTTA, applied for in relation to the same or similar goods.
The previous decision found that there was confusion but the EU general court ( formally the CFI) rejected this and found that the simple inversion of two identical elements was generally insufficient to make marks different, however the two common elements 'frut' and 'sol' were in a different order, and therefore this meant that the two marks were significantly different. The Appeal was succesful as the appeal board had been wrong to find the marks highly similar.