First questioned by Showroomprive.com for its usual character and its lack of distinctiveness, the French semi-figurative mark n ° 4055655 "vente-privee" associated with a butterfly design filed in classes 35, 38 and 41 l t prevails not only on the ground of distinctiveness but also on that of the defect of fraudulent character. private-salee.jpg This legal joust began in 2013. The Paris tribunal de grande instance (TGI Paris, 3e ch., 1re sect., 28 Nov. 2013, n ° 12/12856, D. 2015. 230, obs. J.-P Clavier, N. Martial-Braz and C. Zolynski; Légipresse 2014. 12 et les obs.) Had then canceled the word mark “vente privee.com” n ° 3623085 for lack of distinctive character. In 2015, following the appeal against this judgment, the Paris Court of Appeal (Paris, pole 5 - 1st ch., March 31, 2015, n ° 13/23127, D. 2016. 396, obs. J.-P. Clavier, N. Martial-Braz and C. Zolynski) had finally admitted the distinctive character of the mark acquired through use. The judges had taken into acco...
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