Cabinet Chaillot - Jurinea Action for Infringement Jurinea Form 1134 Parties to the case DEGRIFF'TOUR (Mark) DEGRIFTOUR (Mark) LE VOYAGE A PRIX DEGRIFFE (Mark) versus LE SPECIALISTE DES VOYAGES DEGRIFFES (Advertisement) 10-12-01, TGI de Paris (First Instance) Domain --- Issue of law Result Proceedings --- License recorded in the national register Yes --- Action engaged by the beneficiary of an exclusive contract of licence Yes Forfaiture of the rights derived from the mark No --- Continuous 5-year period of non usage after the registration Yes --- Continuous 5-year period of non usage after the publication No --- Uninterrupted 5-year period of non use Yes Validity of the mark --- Descriptive character ------ Services of a travel agency Yes --- Distinctivity of the mark (Intellectual Property Code art: L711-2) ------ Services of a travel agency No Proceedings --- Missing identity certificate Yes Infringement of the mark No Comparaison of the signs --- Same attractive element Yes --- Use of the word in its current sense Yes Infringement of the mark No Civil liability No --- Acts distinct from the infringement No --- Unfair competition No Enacting terms: Invalidation of the mark Yes Order on the ground of Art 700 NCPC 2,744 Euros Dismiss of the appeal Yes Publication(s): PIBD 2002, Ref.: 738, III, 142

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