Paris First Instance Court - BNP PARIBAS v/ MYBEE
Paris First Instance Court
BNP PARIBAS v/ MYBEE
The BNP Paribas company was represented by Marianne Gabriel, Attorney at Law.
BNP Paribas was sued by the Mybee company which considered that the filing and use of the sign “MYB’S”, to designate bank cards, would infringe the semi-figurative mark “MyBee SYSTEMS”, registered in class 36 to designate “financial affairs; monetary affairs; financing services”.
The Court rejected Mybee’s claims, considering that there was a low degree of similarity between both signs, no similarity between the services concerned and no likelihood of confusion.
The Court held that, because the opposed trademark was registered for a wide range of services, the comparison had to be done according to services as operated, otherwise it would “confer, because of a too wide filing, a monopoly on services’ titles and not for services for which the owner intended to protect his sign”.