Cabinet Chaillot - Jurinea Action for Infringement Jurinea Form 1171 Parties to the case HOM (Mark) HOM (Company name) HOM (Initials) versus HOME 1234 INVSBL 567890 (Mark) L'HOMME INVISIBLE (Mark) 12-15-99, CA de Paris (Appeal) Domain --- Issue of law Result Proceedings --- Justification of the renewal Yes --- Publication of the right assignment in the National Ragister Yes --- Admissibility of the assignation by the former assignee No --- Admissibility of the assignation by the new assignee Yes Comparaison of the signs --- Indivisible whole Yes --- Visual similitude No --- Phonetic similitude No --- Inoperative adjonction of a second word No --- Likelihood of confusion No Infringement of the mark No Famous marks / well-known marks No --- Proof of notoriety No Validity of the mark Yes Civil liability No --- Likelihood of confusion No --- Interference with the company name No --- Interference with the initials No Forfaiture of the rights derived from the mark Yes --- Proof of exploitation No --- Failure to exploit the mark Yes --- Use by an authorized third party No Comparaison of the signs --- Same attractive element Yes --- Imitation of the essential term Yes --- Inoperative adjonction of a second word Yes --- Indivisible set / same impression of a whole No --- Likelihood of confusion Yes Infringement of the mark Yes --- Mark application Yes Validity of the mark No --- Interference with a company name Yes --- Interference with a logo Yes Fraudulent acquisition of the mark No --- Malicious acquisition No Proceedings --- Admissibility of new claims No Enacting terms: Damages 1,524 Euros Dismiss of the appeal Yes Set aside of the contested decision Partly Publication(s): PIBD 2000, Ref.: 696, III, 188

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