Cabinet Chaillot - Jurinea
Action for Civil liability

Jurinea Form 1155
Parties to the case CHAUMET (Mark)
CHAUMET INTERNATIONAL (Company name)
versus CHAUMET (Mark)

05-18-01, CA de Paris (Appeal)
Domain
--- Issue of law
Result
Famous marks / well-known marks Yes
--- Notoriety proved by the advertisement in magazines Yes
--- Notoriety proved by the advertising budget Yes
--- Ancient use of the trade mark Yes
--- Knowledge of the mark by a main part of the public in France Yes
Infringement of the mark (Intellectual Property Code art: L713-5) Yes
--- Mark application Yes
Civil liability Yes
--- Vulgarization of the mark Yes
--- Vulgarization of a well-know mark Yes
--- Injury Yes
Speciality of goods and/or services
--- Similarity of goods or services
------ Perfumes
------ Jewellery
------ Hide
Yes
Civil liability Yes
--- Absence of risk of confusion No
--- Interference with the company name (Intellectual Property Code art: L714-3) Yes
Enacting terms: Invalidation of the mark Yes
Damages 1,524 Euros
Interdiction (by established infraction) 152 Euros
Order on the ground of Art 700 NCPC 3,048 Euros
Order to pay costs to the defendant Yes
Set aside of the decision Yes
Dismiss of the appeal Non

Publication(s): PIBD 2001, Ref.: 730, III, 576

Last updating : 12-10-06
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