Case "jeboycottedanone.com": judgement on the merits
26.08.2001
In our June 2001 news, we had taken up the facts and injunction orders in chambers in the case opposing the Company GROUPE DANONE to Mr M., who has registered the domain name "jeboycottedanone.com" and taken up on his web site the figurative mark "danone" in order to call to the boycotting of the products of the Company GROUPE DANONE.
The factsIn our June 2001 news, we had taken up the facts and injunction orders in chambers in the case opposing the Company GROUPE DANONE to Mr M., who has registered the domain name "jeboycottedanone.com" and taken up on his web site the figurative mark "danone" in order to call to the boycotting of the products of the Company GROUPE DANONE.On July 4, 2001, the TGI of Paris has passed its judgment on the merits.The ruling About the infringement of the verbal marks "Danone"The TGI has issued a judgment which confirms the judgment in Chambers, saying that in the phrase "jeboycottedanone" the word DANONE is understood not as the trademark DANONE used to designate the communication services of class 38 but the group of enterprises currently designated by the newspapers and, generally speaking, by third persons, unders the name of DANONE Organization.The use of the word DANONE is therefore a necessary reference according to article L. 716-6 of Intellectual Property Code.About the infringement of the complex marks "DANONE + blue-colored polygonal cartouche"The blue-colored cartouche and the denomination "DANONE" had be taken up on the web site with as sole addition the words "jeboycotte" and ".com". In the website, a list of the products of the mark DANONE is also given."Neither the right to information neither the right of the freedom of expression can justify the accused illicit imitation and the resulting interference with the property right of the Company GROUPE DANONE on its complex marks at the very time when the imitation of the mark [...] is not necessary [...] and is used only to illustrate the screen pages that it is possible to illustrate otherwise."Furthermore, the TGI mentions that the exception of parody, pastiche or caricature does not exist in the mark law, but only in copyright law, or this latter right is not invoked.The infringement is therefore recognized on the ground of articles L. 713-3 and L. 716-1 of Intellectual Property Code. The Company GROUPE DANONE does not provide any proof of the comercial damage that it advances ; consequently, its damage can be derived only from "the interference with its property right on the complex marks, the vulgarizing of same and the dissolution of their attractive power".The measures of reparation- Interdiction of continuing the reproduction of the complex marks under fine for delay of 15245 EUR by ascertained infraction ;- Order to Mr M. to pay 9147 EUR as award ;- Order to Réseau Voltaire to pay 9147 EUR as award ; - Publication of the judgment at Mr M. and Réseau Voltaire's expenses : 9147 EUR ;- Order to pay costs and 1524 EUR pursuant to Art 700 NCPC.TGI of Paris, July 4, 2001.
