Court of Appeal rejected appeal filed by the plaintiff company Hugo Boss AG and confirmed the decision of the First Hall of the Civil Court. The Court of Appeal upheld that even though the plaintiff company had rights over the words “Hugo Boss”, this did not give them exclusive rights over use of the word “Boss”. Furthermore, there did not exist a likelihood of confusion between the two marks in view of the fact that each mark covered a different genre of goods – Hugo Boss manufactured and traded in the fashion industry, whilst Reemtsma traded in the tobacco industry and had been making use of the “Boss” trademark with respect to tobacco products since 1987.