Champagne ! (12-1998) In April 1995, Mr. Poitoux filed a trademark "S.O.S. CHAMPAGNE" for pastry, champagne and delivery service. In August 1997, Mr. Poitoux was assigned by the Wine of Champagne Interprofessional Comity (CIVC) for appropriation and illicite mis-appropriation of an Origin Appellation (AO). According to Art. L 115-1 of the Consumption Law, an Origin Appellation is constituted by the denomination of a country, a district or a locality designating a product which comes therefrom and of which the quality or the features owe to the geographic environment, including natural factors and human factors. According to Art. L 115-5, the geographic name of the AO cannot be employed for any other similar product ; nor for any other product or service when the use can mis-appropriate or weaken the AO notoriety. Same Article says that an AO can never be considered as generic and in public domain. * By proposing champagne, but also pastry, under the name "S.O.S. CHAMPAGNE", Mr. Poitoux did mis-appropriate the champagne AO. * By naming his activity "S.O.S. CHAMPAGNE", it is clear, for the Court, that Mr. Poitoux tried to appropriate himself the champagne notoriety. * By filing "S.O.S. CHAMPAGNE" as a trademark, Mr. Poitoux did an appropriation and illicite mis-appropriation of the AO. ~ The trademark is therefore invalidated, its use is forbidden, all marked documents and objects have to be destroyed (5 000 Frs per infraction and day of delay). ~ 50 000 Frs for damages. ~ Publication of the judgment : 30 000 Frs per insertion. ~ 10 000 Frs on the basis of Art. 700 NCPC. Tribunal of First Instance of Grasse, September 18, 1998