In April 1995, Mr. Poitoux filed a trademark "S.O.S. CHAMPAGNE" for pastry, champagne and delivery service.
In August 1997, Mr. Poitoux was assigned by the Wine of Champagne Interprofessional Comity (CIVC) for appropriation and illicite mis-appropriation of an Origin Appellation (AO).
According to Art. L 115-1 of the Consumption Law, an Origin Appellation is constituted by the denomination of a country, a district or a locality designating a product which comes therefrom and of which the quality or the features owe to the geographic environment, including natural factors and human factors.
According to Art. L 115-5, the geographic name of the AO cannot be employed for any other similar product ; nor for any other product or service when the use can mis-appropriate or weaken the AO notoriety.
Same Article says that an AO can never be considered as generic and in public domain.
* By proposing champagne, but also pastry, under the name "S.O.S. CHAMPAGNE", Mr. Poitoux did mis-appropriate the champagne AO.
* By naming his activity "S.O.S. CHAMPAGNE", it is clear, for the Court, that Mr. Poitoux tried to appropriate himself the champagne notoriety.
* By filing "S.O.S. CHAMPAGNE" as a trademark, Mr. Poitoux did an appropriation and illicite mis-appropriation of the AO.
~ The trademark is therefore invalidated, its use is forbidden, all marked documents and objects have to be destroyed (5 000 Frs per infraction and day of delay).
~ 50 000 Frs for damages.
~ Publication of the judgment : 30 000 Frs per insertion.
~ 10 000 Frs on the basis of Art. 700 NCPC.
Tribunal of First Instance of Grasse, September 18, 1998
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