Cabinet Chaillot - Jurinea Action for Infringement Jurinea Form 1157 Parties to the case RETRO (Mark) RETRO (Figurative mark) RETRODOR (Mark) versus RETRO (Mark) LA BAGUETTE RETRO (Mark) 06-15-01, CA de Paris (Appeal) Domain --- Issue of law Result Comparaison of the signs --- Visual similitude No --- Same amount of syllables No --- Phonetic similitude No --- Same final syllable No --- Intellectual similitude No --- Reproduction of the characteristic element No --- Use of the word in its current sense Yes --- Likelihood of confusion No Infringement of the mark No Proceedings --- Admissibility of a new means Yes Fraudulent filing of the mark No --- Malicious filing No Speciality of goods and/or services --- Identity of goods or services ------ Bread - and - Bread Yes Infringement of the mark Yes --- Illicite imitation of the mark Yes Speciality of goods and/or services --- Same nature ------ Spices - and - Bread ------ Coffee ------ Icecream No --- Same distribution network ------ Spices - and - Bread ------ Coffee ------ Icecream No --- Similarity of goods or services ------ Spices - and - Bread ------ Coffee ------ Icecream No Infringement of the mark No Speciality of goods and/or services --- Identity of goods or services ------ Flour and preparations made from cereals - and - Flour and preparations made from cereals Yes --- Similarity of goods or services ------ Restaurants - and - Flour and preparations made from cereals Yes Comparaison of the signs --- Contraction of the prior sign(s) Yes --- Likelihood of confusion Yes Infringement of the mark Yes Enacting terms: Invalidation of the mark Partly Damages 15,244 Euros Interdiction (by established infraction) 76 Euros Order on the ground of Art 700 NCPC 1,829 Euros Dismiss of the appeal Partly Set aside of the contested decision Partly Publication(s): PIBD 2001, Ref.: 730, III, 570

Last updating : 12-10-06
Copyright © Cabinet Chaillot 1997 - 2004