Cabinet Chaillot - Jurinea Action for Infringement Jurinea Form 1137 Parties to the case LES HORIZONS VERTS (Complex mark registration application) LES HORIZONS VERTS (Company name) versus CAP HORIZONS VERTS (Mark) 09-12-01, CA de Paris (Appeal) Domain --- Issue of law Result Speciality of goods and/or services --- Similarity of goods or services ------ Organization of agricol travel - and - Services of a travel agency ------ Organization of agricol travel - and - Hotel trade and restoring services Yes Comparaison of the signs --- Inoperative addition of a word Yes --- Likelihood of confusion Yes Fraudulent filing of the mark Yes --- Malicious filing Yes --- Fraud on rights of a third party Yes --- Appropriation of the sign to take out a privative right Yes --- Knowledge of the sign's use by a third party before the filing Yes --- Knowledge of a third party Yes Civil liability Yes --- Acts distinct from the infringement Yes --- Unfair competition Yes --- Interference with the company name Yes Enacting terms: Invalidation of the mark Yes Damages 30,489 Euros Order on the ground of Art 700 NCPC 6,097 Euros Order to pay costs to the defendant Yes Dismiss of the appeal Yes Publication(s): FNDE 2002, Ref.: Tome 1 p.369

Last updating : 12-10-06
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