Litigation relating to the patronymic name of a luxury trademark
28 July 2020Family business of design, manufacture and sale of luxury shoes
Conflict between an earlier mark bearing a surname and a later mark registered by a member of the same family and bearing the same surname and a first name
Dispute over the use of the patronymic name by the trademark owner after divorce
Key Figures
Two parallel victories
Strategy
Creation of a press book to demonstrate the notoriety of the earlier trademark, a reasoned and exhaustive presentation of French and European case law on trademarks including a patronymic name.
Achievements
Rescuing the client’s iconic brand
Successful defence against the likelihood of confusion between the two competing companies and against the misappropriation of the reputation of the mark by a member of the family
We were able to overturn a negative judgment on appeal (less than 30% chance of success).
