With a judgment of Dec. 11, 2008 (Case C-57/08 P), the European Court of Justice affirmed the decision by the Court of First Instance (Case T-434/05) according to which there is no likelihood of confusion for lack of similarity of the signs between the mark “GATEWAY” and the Community trademark application “ACTIVITY Media Gateway.” This is the case, according to the Court, even if there is an identity of goods or services, and even if the earlier mark is well-known in certain Member States. The ECJ agrees with the Court of First Instance that “Gateway” as a part of the latter application is descriptive, and that the application is dominated by the word “ACTIVITY.”