Cabinet Chaillot

Cabinet Chaillot - Jurinea

Action for Infringement

Jurinea Form 197

Parties to the case	BACCARA (Mark)
versus	BACCARA (Mark)

12-01-98, Chambre commerciale (Appeal to the Supreme Court)

Domain --- Issue of law	Result
Proceedings
--- Sufficient statement of the claims (New Code of Civil Procedure art: 455)	Yes
--- Existence of a non examined stated means (New Code of Civil Procedure art: 455)	No

Enacting terms:	Order on the ground of Art 700 NCPC	1,524 Euros
	Order to pay costs to the defendant	Yes

Publication(s):

PIBD 1999, Ref.: 669, III, 46

03-08-96, CA de Paris (Appeal)

Domain --- Issue of law	Result
Validity of the mark	Yes
--- Distinctivity of the mark ------ Vehicles	Yes
Speciality of goods and/or services
--- Similarity of goods or services ------ Vehicles - and - Insurance services	No
Proceedings
--- Absence of ground to the action in infrigement	Yes

Publication(s):	D. I.R. 1996, Ref.: p.109
	PIBD 1996, Ref.: 611, III, 280

04-06-93, TGI de Paris (First Instance)

Domain --- Issue of law	Result
Validity of the mark	Yes
--- Distinctivity of the mark ------ Vehicles	Yes
Speciality of goods and/or services
--- Similarity of goods or services ------ Vehicles - and - Insurance services	Yes
--- Complementarity of goods or services ------ Vehicles - and - Insurance services	Yes
Infringement of the mark	Yes
Comparaison of the signs
--- Reproduction as such	Yes

Enacting terms:	Invalidation of the mark	Yes
	Damages	12,195 Euros
	Order on the ground of Art 700 NCPC	1,067 Euros

Publication(s):

PIBD 1993, Ref.: 549, III, 488