Cabinet Chaillot - Jurinea Action for Infringement Jurinea Form 1152 Parties to the case TOUR DE FRANCE (Mark) LE TOUR (Mark) MAILLOT JAUNE (Mark) LA GRANDE BOUCLE (Mark) versus LE TOUR DE FRANCE A LA VOILE (Complex mark) SPI JAUNE (Denomination) TOUR VOILE (Company name) VILLAGE TOUR DE FRANCE (Advertisement) 06-13-01, CA de Paris (Appeal) Domain --- Issue of law Result Infringement of the mark Yes Foreclosure by tolerance No --- 5-years period since the law of 1991 No Speciality of goods and/or services --- Identity of goods or services ------ Organization of sport meetings - and - Organization of sport meetings Yes Civil liability --- Allowance by the holder to use his mark No Proceedings --- Application before 12/28/1991 Yes --- Enforcement of the law of 12/31/1964 Yes Validity of the mark Yes --- Necessary designation of the product (law of 1964) No --- Generic character No Comparaison of the signs --- Use of the word in its current sense Yes --- Indivisible whole Yes --- Likelihood of confusion No Infringement of the mark No --- Illicite imitation of the mark No Civil liability No --- Usurpation of the company name No Comparaison of the signs --- Reproduction of the distinguishing element No --- Inoperative addition of a word No --- Likelihood of confusion No Infringement of the mark No Comparaison of the signs --- Likelihood of confusion No Civil liability --- Unfair competition No --- Competition by interference No Enacting terms: Damages 1 Euros Order on the ground of Art 700 NCPC 15,244 Euros Order to pay costs to the defendant Yes Dismiss of the appeal Partly Set aside of the contested decision Partly Publication(s): PIBD 2001, Ref.: 729, III, 537

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