The recent case law news of the Firm
The trademarks CHAMPOMY are not damaging to the label of origin CHAMPAGNE
On November 7th, 2007 (published in PIBD n° 867, III, 79), the Court of Appeal of Paris considered that the trademarks CHAMPOMY owned by Schweppes International Limited do not damage the label of origin CHAMPAGNE, thereby confirming the decision of the High Court of Justice of Paris dated May 10th, 2006. CIVC and INAO have lodged an appeal before the Supreme Court.
Exhaustion of rights: it is up to the defendant to prove the licit origin of the goods
On February 26, 2008 (published in PIBD n° 873, III, 280), the commercial chamber of the French Supreme Court reminded that it is up to the defendant, who claims for the exhaustion of the trademark owner’s rights, to prove the licit origin of the goods, i.e. that the trademark owner (in this case, Nike) authorized the first marketing of the goods within the European Economic Area.
The names “Nike Free” and “Free Nike Trainer” do not infringe the semi-figurative trademark FREE
On January 16, 2008 (published in PIBD n°871, III, 227), the Court of Appeal of Paris decided that Nike’s use of the names “Nike Free” and “Free Nike Trainer” does not infringe the semi-figurative trademark FREE, as this name does not have a strong power of attraction and is used by Nike in association with its well-known trademarks NIKE and SWOOSH. |
