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“Buckfast”

Decision of the Supreme Court (Cour de cassation), Commercial Chamber 5 July 2017 – Case No. ECLI:FR:CCASS:2017:CO01028
  • Florent L. v. Dominique F. and Buckfast France SAS European Trade Mark Directive No. 89/104/EEC of 21 December 1988, Art. 6(1)(b)
Decision • Trade Mark Law France
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  1. 1.

    Trade mark owners may not prohibit a third party from using, in the course of trade, indications concerning the kind, the quality, quantity, the intended purpose, the value, the geographical origin, the production time of goods or of rendering of the service or other characteristics thereof, provided that such use is in accordance with honest practices in industrial and commercial matters.

     
  2. 2.

    The use of a term that has been registered as a trade mark but is also understood by the relevant trade circles as a customary indication of certain products (here “Buck” and “Buckfast” for bees and beehives) is in compliance with honest practices in industrial and commercial matters and thus not infringing.

     

Keywords

Fair use Trade mark infringement Exception Honest practices in industrial and commercial matters Customary designation of a product 

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2018

Authors and Affiliations

  • Florent L. v. Dominique F. and Buckfast France SAS European Trade Mark Directive No. 89/104/EEC of 21 December 1988, Art. 6(1)(b)

There are no affiliations available

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