The trademark FREE PEOPLE was filed by URBAN OUTFITTERS IRELAND LIMITED, a corporation established under the laws of Ireland (the "Applicant"). The application was published for oppositions on December 14, 2022, and received one opposition filed on January 25, 2023 by FREE on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by COURSIN CHARLIER AVOCATS and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 25, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Software
Virtual clothing, footwear, headwear, eyewear, home decor, furniture, cosmetics, cosmetics, bath, body and beauty preparations, hair accessories, jewelry,handbags, sports bags, backpacks, MP3 players, CD players, speakers, smart speakers, speakers with wireless personal area network technology, stereos, home theatre systems, smartphones, tablets, smartwatches, virtual reality headsets, light fixtures, lamps, wireless chargers, cameras, phone cases, record players, cassette players, radios, headphones, earphones, photographic lighting equipment, projectors, electronic clocks, walkie talkies, USB mug warmers, electronic aromatherapy diffusers, rugs, bags, furniture, home décor, soft furnishings, candles, candleholders, bedding, towels, crockery, cookware, cutlery, kitchen utensils, vases, ceramic ornaments, china ornaments, crystal ornaments, Christmas tree ornaments, statuettes, artwork, and gifts consisting of the aforementioned goods, the aforementioned authenticated by Non-fungible tokens
Digital media
Digital assets in the nature of clothing, footwear, headgear, jewelry, bags, hair accessories, cosmetics, MP3 players, CD players, speakers, smart speakers, speakers with wireless personal area network technology, stereos, home theatre systems, smartphones, tablets, smartwatches, virtual reality headsets, light fixtures, lamps, wireless chargers, cameras, phone cases, record players, cassette players, radios, headphones, earphones, photographic lighting equipment, projectors, electronic clocks, walkie talkies, USB mug warmers, electronic aromatherapy diffusers, furniture, home décor furniture, soft furnishings, candles, candleholders, bedding, towels, crockery, cookware, cutlery, kitchen utensils, vases, ceramic ornaments, china ornaments, crystal ornaments, Christmas tree ornaments, statuettes, and artwork
Downloadable virtual goods, namely, computer programs featuring clothing, footwear, headwear, eyewear, home decor, furniture, cosmetics, cosmetics, bath, body and beauty preparations, hair accessories, jewelry, handbags, sports bags, backpacks, MP3 players, CD players, speakers, smart speakers, speakers with wireless personal area network technology, stereos, home theatre systems, smartphones, tablets, smartwatches, virtual reality headsets, light fixtures, lamps, wireless chargers, cameras, phone cases, record players, cassette players, radios, headphones, earphones, photographic lighting equipment, projectors, electronic clocks, walkie talkies, USB mug warmers, electronic aromatherapy diffusers, rugs and gifts consisting of the aforementioned goods for use online and in online virtual worlds
Digital and electronic recordings
Downloadable images
Downloadable sound and video files
Electronic sound, image, audiovisual recordings and data
Electronic databases
Electronic, digital and computer games and virtual environments
Eyewear
Connected glasses
Smart glasses
Bags, cases and covers for eyewear
None of the aforesaid being in relation to human resources or human resource processes, training and software.
The mark was filed in class 35 with Retail store services featuring virtual goods, namely, clothing, footwear, headwear, eyewear, home decor, furniture, cosmetics, cosmetics bath, body and beauty preparations, hair accessories, jewelry, handbags, sports bags, backpacks, MP3 players, CD players, speakers, smart speakers,speakers with wireless personal area network technology, stereos, home theatre systems, smartphones, tablets, smartwatches, virtual reality headsets, light fixtures, lamps, wireless chargers, cameras, phone cases, record players, cassette players, radios, headphones, earphones, photographic lighting equipment, projectors, electronic clocks, walkie talkies, USB mug warmers, electronic aromatherapy diffusers, rugs and gifts consisting of the aforementioned goods, for use online and on-line retail store services featuring virtual merchandise, namely, clothing, footwear, headwear, eyewear, home decor, furniture, cosmetics, cosmetics bath, body and beauty preparations, clothing and hair accessories, jewelry, handbags, sports bags, backpacks, MP3 players, CD players, speakers, smart speakers, speakers with wireless personal area network technology, stereos, home theatre systems, smartphones, tablets, smartwatches, virtual reality headsets, light fixtures, lamps, wireless chargers, cameras, phone cases, record players, cassette players, radios, headphones, earphones, photographic lighting equipment, projectors, electronic clocks, walkie talkies, USB mug warmers, electronic aromatherapy diffusers, rugs and gifts consisting of the aforementioned goods..
The mark was filed in class 41 with Entertainment services, namely, providing on-line, non-downloadable virtual clothing, footwear, headwear, eyewear, home decor, furniture, cosmetics, cosmetics, bath, body and beauty preparations, clothing and hair accessories, jewelry, handbags, sports bags, backpacks, MP3 players, CD players, speakers, smart speakers, speakers with wireless personal area network technology, stereos, home theatre systems, smartphones, tablets, smartwatches, virtual reality headsets, light fixtures, lamps, wireless chargers, cameras, phone cases, record players, cassette players, radios, headphones, earphones, photographic lighting equipment, projectors, electronic clocks, walkie talkies, USB mug warmers, electronic aromatherapy diffusers, rugs and gifts consisting of the aforementioned goods for use in virtual environments.