recognised as a notorious trademark

April 4th 2015

The trademark which had been annulled by the Paris Tribunal de Grande Instance on November 28, 2013 (the decision has been appealed), was recognised as a notorious trademark for the second time. Following the decision of December 6, 2013 of the Paris Tribunal de Grande Instance, the Lyon Tribunal de Grande Instance issued a decision in favour of the notoriety of the distinctive sign in the context of this matter of typo-squatting. The court reached a decision on the infringement of the trademarks in question, but also on the harm to the corporate name, trade name, eponymous brand and the domain names and .com; the court ordered the cessation of any exploitation of the domain name and its transfer for the benefit of the official website.

This domain name enabled access to a site comprised of advertising links proposing identical or similar services to those appearing on Furthermore, the owner of the domain name received remuneration each time a web user visited a related site. Concerning the domain name per se, the sole fact of choosing the suffix “fr” and not the “com” and to have added an “s” to the trademarks in question are insignificant elements that do not modify the overall perception, the pronunciation and the overall understanding of the sign. Therefore, there is an evident risk of association between the defendant’s sign and the notorious trademarks in question.

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