Cabinet Chaillot - Jurinea Action for Civil liability Jurinea Form 1164 Parties to the case AZZARO (Mark) LORIS AZZARO (Mark) LORIS AZZARO (Mark) LORIS AZZARO (Mark) LORIS AZZARO (Mark) versus AZZARO (Denomination) 01-26-01, CA de Paris (Appeal) Domain --- Issue of law Result Proceedings --- Regularization of the name of the demander Yes --- Justification of the renewal Yes --- Interest to act Yes Forfaiture of the rights derived from the mark Yes --- Partial forfeiture Yes --- Identity of not exploited / effectively exploited designated goods and / or services (Intellectual Property Code art: L714-5) No --- No --- Turnover revealing the mark No --- Photographs revealing the mark No --- Use of the trade mark without altering its distinctive character (Union Paris Convention art: 5C2) No Famous marks / well-known marks (Intellectual Property Code art: L713-5) No --- Knowledge of the mark by a main part of the public in France No --- Attractive power extending over the designated products ------ Perfumes ------ Jewellery - and - Fancy jewel ------ Clothing - and - Furniture No --- Use of a similar sign forbidden No --- Notoriety proved by the advertisement in magazines No --- Depreciation of the notoriety of the mark No Civil liability No --- Unjustified exploitation of a notorious mark No --- Likelihood of confusion No --- Benefit allowed by the investments engaged by the holder No --- Unfair competition No Enacting terms: Invalidation of the mark Partly Order on the ground of Art 700 NCPC 7,622 Euros Order to pay costs to the defendant Yes Dismiss of the appeal Yes Set aside of the contested decision Partly Publication(s): PIBD 2001, Ref.: 722, III, 313

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