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CLASS 46


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
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 16 JUNE 2010
Juve lose in French rematch
In Juventus Football Club v Global Entertainment Antigua Ltd the Cour d’Appel de Paris, France, on 11 December 2009 reversed an earlier Tribunal de Grande Instance ruling that Global's use of the mark JUVENTUS was a trade mark infringement.  Global used the JUVENTUS mark in its slogans and elsewhere in order to promote its online betting activities; Juventus, the famous football team from Turin, Italy, objected and its infringement action was upheld by the trial court.

Reversing this decision the Cour d'Appel agreed that Global had used the JUVENTUS trade mark in the course of trade.  However, since Global's manner of use did not serve to identify specific goods and services, it did not infringe the football club's trade mark. This decision reflects the principle that there is no infringement when a trade mark is used in the course of trade to inform the public about an event, since the public is not in danger of being misled as to the origin of the goods or services.

This decision, available in French at www.legalis.net, was noted and verified in the INTA Bulletin, vol.65, no.11.

Posted by: Blog Administrator @ 20.45
Tags: France, trade mark use,
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