Jeboycottedanone.com : trademark infringement ?
26.06.2001
On April 4, 2001, Mr M. has registered the domain name jeboycottedanone.com and opened a website with a view to expose the social policy of the Danone Organization and its decision to close down plants and to make dismissals of the personnel.
The facts On April 4, 2001, Mr M. has registered the domain name jeboycottedanone.com and opened a website with a view to expose the social policy of the Danone Organization and its decision to close down plants and to make dismissals of the personnel.The website included the representation of a blue-colored hexagon having in its lower part an inclined line and centrally the notice " jeboycottedanone.net "On April 13 and 17, 2001, the Company Gervais Danone has served an appointed day writ of summons against the titular of the domain name and the companies appearing as "technical contacts, for infringement of its verbal marks "DANONE" designating goods and services belonging to classes 1 to 42 and of its semi-figurative marks formed a by blue-colored polygonal cartouche having in its lower part a red-coloured inclined line and centrally the word "DANONE" in white letters, for designating goods and services belonging to classes 1, 5, 29, 30, 31, 32 and 42.On April 16 avril, the " Réseau Voltaire " has registered the domain name jeboycottedanone.net and was the provider of Mr M.'s website.The Company Gervais Danone has issued a writ against the Réseau Voltaire for infringement of its verbal and semi-figurative marks (as a summary procedure). The Réseau Voltaire invoked the right of the freedom of expression.The decisionsTGI of Paris, Injunction Order in Chambers of April 23, 2001 : jeboycottedanone.com registered by Mr. M.- the word " Danone " in the domain name corresponds to a reference indicating the intended purpose of the website. In connection with the wording " jeboycotte ", it cannot lead in the spirit of the public to any confusion as to the origin of the service. The registration of the mark "Danone" cannot be a bar to such a reference ; - the blue cartouches in the form of a polygon are the servile reproduction of the notoriously known semi-figurative marks. Such a reproduction constitutes an infringement.Therefore t is forbidden to reproduce the semi-figurative marks in the website but not to use the denomination "Danone" in the domaine name jeboycottedanone.com.TGI of Paris , Injunction Order in Chambers of May 14, 2001 : jeboycottedanone.net registered by the "Réseau Voltaire"- the word " Danone " in connection with the wording " jeboycotte " cannot lead, in the spirit of the public, to any confusion, the designation " Danone " being a required reference ; - on the other hand, the reproduction of the semi-figurative marks is in no way absolutely necessary to satisfy the free expression of the Réseau Voltaire and constitutes an infringement.Therefore, both judges sitting in chambers to deal with matters of special urgency have not forbidden the use of the domain names jeboycottedanone.com and jeboycottedanone.net, but only the use of the semi-figurative marks.On July 4, 2001, the TGI of Paris will pronounce the judgement on the merits.
