Cabinet Chaillot - Jurinea
Action for Infringement

Jurinea Form 1150
Parties to the case DRACHKOVITCH (Mark)
DRACHKO (Mark)
ASTUCIT (Company name)
DRACHKOVITCH (Trade name)
ALBERT DRACHKOVITCH (Surname)
DRACHKO (Pseudonym)
versus DRACHKO PRESTIGE (Mark)
ASTUCIT (Mark)
A. DRACHKOVITCH (Mark)

04-25-01, CA de Paris (Appeal)
Domain
--- Issue of law
Result
Exhaustion of rights derived from the mark No
--- Consent given by the holder to a first putting into circulation No
--- Goods illicitely put into circulation in the European market Yes
--- Defective goods Yes
Infringement of the mark Yes
--- Illicite use of the mark Yes
Civil liability Yes
--- Acts distinct from the infringement Yes
--- Interference with the company name Yes
--- Interference with the surname Yes
--- Interference with the pseudonym Yes
Enacting terms: Order on the ground of Art 700 NCPC 7,622 Euros
Order to pay costs to the defendant Yes
Set aside of the decision Non
Dismiss of the appeal Yes

Publication(s): PIBD 2001, Ref.: 728, III, 506

Last updating : 12-10-06
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