Cabinet Chaillot - Jurinea Action for Infringement Jurinea Form 1131 Parties to the case CHIPIE (Mark) versus CHIPIE & CLYDE (Mark) CHIPIE & CLYDE (Cartoon title) 01-14-00, CA de Paris (Appeal) Domain --- Issue of law Result Proceedings --- Late admissible conclusions Yes --- Admissibility of late-transmitted pieces Yes --- Yes --- No Validity of the mark --- Descriptive character ------ Communication by computer terminals - and - Communication by computer terminals No Speciality of goods and/or services --- Same nature ------ Telecom services - and - Production of a television programme No --- Same characteristics No --- Same origin No --- Same technical means No Global appreciation --- Risk of confusion according to global appreciation ------ Clothing - and - Production of a television programme No Speciality of goods and/or services --- Similarity of goods or services Yes --- Complementarity of goods or services No --- Same purpose ------ Stationery - and - Newspaper edition No --- Same nature ------ Stationery - and - Newspaper edition No --- Same function No --- Same origin No --- Similarity of goods or services No Infringement of the mark No Global appreciation --- Same purpose ------ Games - and - Entertainments Yes --- Risk of confusion according to global appreciation Yes Speciality of goods and/or services --- Similarity of goods or services ------ Games - and - Entertainments Yes Comparaison of the signs --- Indivisible whole No --- Reproduction as such Yes --- Identical starting syllable(s) Yes --- Inoperative adjonction of a second word Yes --- The second sign seems to be a declension of the first one Yes --- Likelihood of confusion Yes Infringement of the mark Yes --- Mark application Yes --- Illicite use of the mark Yes Speciality of goods and/or services --- Similarity of goods or services ------ Clothing - and - Television programmes No Civil liability No --- Likelihood of confusion No --- Interference with the company name No --- Unfair competition No Enacting terms: Invalidation of the mark Partly Order on the ground of Art 700 NCPC 2,286 Euros Order to pay costs to the defendant Yes Dismiss of the appeal Partly Set aside of the contested decision Partly Recevability of a request relative to the payment of an amount of money Non Recevability of a request relative to the pronouncement of prohibition measures Yes Publication(s): PIBD 2000, Ref.: 696, III, 191

Last updating : 12-10-06
Copyright © Cabinet Chaillot 1997 - 2004