In this case the Supreme Court found that the lower courts had misapplied the law by taking into account only the word elements of the marks at issue, omitting considerations of the graphic elements of CASA CLUB TV. Further, most of the relevant public could identify the CASA CLUB TV since it was well known: this reduced the risk of confusion among consumers.
Source: "SC reverses decisions due to failure to take graphic element into account", article by Sergio Amenábar (Estudio Federico Villaseca, Santiago) for World Trademark Review. Estudio Federico Villaseca acted for MGM Latin Amercia LLC in this action.
