The semi-figurative French marks Indigo, registered to designate, in particular, parking areas for motor homes, do not constitute infringement by imitation of the earlier French word mark Indigo, registered to designate the camping service.
A company, operating in the camping sector and holder of the French word mark Indigo, sued for trademark infringement in particular another company which operated, without its authorization, parking areas for motor homes, vehicles, buses, minibuses, car parks, under the French Indigo brand and semi-figurative brands. The Paris tribunal de grande instance dismissed all of her claims, which the Paris Court of Appeal confirmed and the Court of Cassation quashed and annulled, with the visa of the old article L. 713- 3 of the Intellectual Property Code, on the grounds that “[…] by determining himself thus, without seeking, as it was invited to do, whether, in view of the relevant factors characterizing their relationships, the consumer, while distinguishing them, could to attribute a common origin to the services offered under the trademarks in presence, the court of appeal deprived its decision of legal basis ”. This judgment is therefore delivered after cassation and the debate relates o...