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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
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Paris name protected as a "territorial entity", French Court rules

Paris City Hall website praises a judgment issued on 12 December 2007 by the Paris Appeal Court that ruled in its favor.

This news item of the City Hall quotes the appeal judgment (unofficial translation):
"like an individual or a legal entity, a territorial entity is entitled to protect its name against any unjustified commercial exploitation, notably when a third party, by applying for a trade mark, might cause this entity a prejudice by preventing it to profit from its name or by harming its identity, its prestige or its fame".

Considering Paris city has previously been using the expression "l'été" (the summer) to designate various summer manifestations, the Court ruled that a trade mark application for the expression "Paris l'été" caused a prejudice to the French capital.

The trade mark might mislead the public, the Court ruled, because it appears as an official guarantee of the products or the services. It also "deprives the city of the possibility to exploit its own name to identify its actions and control such use".

Posted by: Frédéric Glaize @ 17.27
Tags: court decision, France, geographic name, Trade Mark,
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