Cabinet Chaillot - Jurinea Action for Infringement Jurinea Form 1163 Parties to the case ELITE (Complex mark) versus BIOSTHETICIEN ELITE (Complex mark) 06-29-01, CA de Paris (Appeal) Domain --- Issue of law Result Proceedings --- Action engaged by the beneficiary of an exclusive contract of licence Yes --- License recorded in the national register Yes Forfaiture of the rights derived from the mark No --- Identity of not exploited / effectively exploited designated goods and / or services Yes --- Proof of exploitation Yes --- Partial forfeiture No Validity of the mark Yes --- Nullity of a part of the mark cannot be invoked No Famous marks / well-known marks No Comparaison of the signs --- Servile reproduction No --- Reproduction of the attractive element No --- Similar calligraphy No --- Visual similitude No --- Likelihood of confusion No Infringement of the mark No --- Reproduction No --- Illicite imitation of the mark No Enacting terms: Invalidation of the mark Non 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 2002, Ref.: 733, III, 11

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