Cabinet Chaillot - Jurinea Action for Infringement Jurinea Form 1167 Parties to the case 5 anneaux entrelacés (Initials) COMITE NATIONAL OLYMPIQUE ET SPORTIF FRANCAIS (Company name) versus OLIMPIC n°499 888 + flamme + 5 anneaux entrelacés (Mark) 05-23-01, CA de Paris (Appeal) Domain --- Issue of law Result Proceedings --- Right to sue by the titular of the mark Yes --- Right to sue conferred by the statutes Yes Forfaiture of the rights derived from the mark No --- Uninterrupted 5-year period of non use No --- Serious use of the mark Yes --- Exploitation realized in France Yes --- Uninterrupted 5-year period of non use No --- Public and unequivocal exploitation Yes --- Serious use of the mark Yes Comparaison of the signs --- Ineffective adjonction of figurative elements Yes --- Likelihood of confusion Yes Infringement of the mark Yes --- Illicite imitation of the mark Yes --- Mark application Yes --- Commercialization Yes Famous marks / well-known marks Yes --- Possibility of confusion Yes --- Depreciation of the notoriety of the mark Yes --- Use of the mark inflicting injury to the holder Yes Comparaison of the signs --- Intellectual similitude Yes --- Inoperative orthographical change Yes --- Likelihood of confusion Yes Civil liability Yes --- Use of a well-known trade mark Yes --- Injury Yes --- Unfair competition Yes --- Competition by interference Yes --- Faulty dealings Yes --- Interference with the company name Yes Enacting terms: Damages 76,224 Euros Interdiction (by established infraction) Publication of the decision (maximum) 15,244 Euros Order on the ground of Art 700 NCPC 24,696 Euros Set aside of the decision Yes Dismiss of the appeal Non Case remited to the Court of Appeal Yes Publication(s): PIBD 2001, Ref.: 731, III, 594

Last updating : 12-10-06
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