Paris First Instance Court - FRANCE TELEVISIONS v/ HACHEM

Decision date

2011-03-29

Decision No.

RG 09/17695

Nature

Trademarks

Country

France

Jurisdiction

Paris First Instance Court

Parties

FRANCE TELEVISIONS v/ HACHEM

The company FRANCE TELEVISIONS was represented by Arnaud Casalonga, Attorney at Law.

The owner of the trademark "MOT DE PASSE", registered notably in connection with TV shows and games, launched a trademark infringement action against France Télévisions and its producer for the airing of a television programm called MOT DE PASSE.

The Court cancelled the registered trademark for non-use as it found that the mark had not been used during a continuous period of five years and therefore rejected the trademark infringement action against France Télévisions.

The trademark owner further argued that taking inspiration from the concept of this TV show constituted an act of unfair competition.

The Court also rejected the unfair competition claim for lack of proof as the trademark owner did not evidence the detailed format of his game.