Escolar Documentos
Profissional Documentos
Cultura Documentos
their marks by others on goods that do not even compete with the famous
product.
Thus, well-known trade and service marks enjoy in most countries protection
against signs which are considered a reproduction, imitation or translation of that
mark provided that they are likely to cause confusion in the relevant sector of the
public. They are usually protected, irrespective of whether they are registered or
not.
In France, specific provisions on the protection of well-known and famous marks
are found at article L713-5 of the Intellectual Property Code which distinguishes
between the protection of registered well-known or famous marks against
dissimilar products and/or services from that of non-registered well-known or
famous trademarks against later trademarks covering identical or similar
products or services.
French Intellectual Property Code further provides that any person that uses a
well-known mark for goods or services that are similar to those covered by the
mark shall be liable under civil law if such use is likely to cause prejudice to the
mark owner or if such use constitutes an unjustified exploitation of the mark.
In conclusion, the definition and protection of well-known trademarks is still a
grey area both internationally and in France. Despite general recognition that
protection should be given to well-known marks, the national laws implementing
the Paris Convention Art 6Bis give variable protection depending upon judges
appreciation and legal tradition in the field of the various jurisdictions.
Well-known marks have therefore a special, favor treatment, which results in a
more relaxed approach by judges. That is also why infringing a well-known mark
may not be treated equally around the world.