Trademark Laws and Alcohol and Tobacco Advertisement According to the French law of 10th of January 1991 (EVIN law) related to alcohol and tobacco advertisement, "is considered as propaganda or indirect advertisement for alcoholic beverages or tobacco any propaganda or advertisement for an organism, a service, an activity, a product or an item other than an alcoholic beverage or tobacco which reminds such products by its graphics, its presentation, the use of a denomination, a mark, an advertising emblem or any other distinguishing mark" (L17-1 of the Drinking Establishment Code and article L355-26 of the Public Health Code). The titular of a mark identically or similarly reused by a third person to refer to alcoholic beverages or tobacco cannot act for infringement against this third person if his own mark does not itself refer to alcoholic beverages or tobacco or similar products thereto. However, he cannot, according to the EVIN law, advertise his own products any more. Which are thus the recourses of the titular of such an earlier mark? The derogation First, the EVIN law provides for a derogation: the advertisement ban does not apply in the case of products, other than alcoholic beverages or tobacco, put on the market before 1st of January 1990 by an enterprise legally or financially distinct of any company which manufactures, imports or markets an alcoholic beverage or tobacco. The vicarious liability actions According to the article 1382 of the Civil Code, the titular of the earlier mark can show that the use of a sign identical or similar to his mark (offense) prevents him from using his own mark (prejudice) Action for avoidance against the second mark refering to alcoholic beverages or tobacco A decision of the Court of first instance of Paris of 4th of may 2001 acknowledged as valid an action for avoidance based on the article L.711-4: "Signs may not be adopted as marks where they infringe earlier marks".   Conclusion The jurisprudence is constant and favourable to titulars of earlier marks. It is therefore very important for the companies operating alcoholic beverages or tobacco to check that they do not infringe an earlier mark, and this, whatever the products and/or services refered by the earlier mark.