The Paris Court of Justice recognised the existence of an implied trademark licence between two companies even though the licence agreement had never actually been signed. Insights and explanations from Sylvie Benoliel-Claux, solicitor at the Paris Bar.
A company that has been operating a fitness centre under the trade name “Astra Body” since 2021 is the owner of two French trademarks “Astra Body”.
As part of the development of its network, it grants trademark licences to various establishments.
The company Alain Joseph, wishing to open a sports complex, approached this company with a view to joining its network.
Regular exchanges between the parties followed, culminating in the sending of a draft “Astra Body” trademark licence agreement. However, no agreement was ultimately signed and no royalties were paid, as Alain Joseph encountered financial difficulties.
Noting that, despite the failure of the discussions, references to the Astra Body sign remained on the communication media of Alain Joseph, the company that owns the trademarks brought an action for trademark infringement, unfair competition and parasitism, while invoking an abusive termination of the negotiations.
Its claims were dismissed, except for the wrongful termination, which was upheld.
Position of the court
➡️ The use of the Astra Body sign by the company Alain Joseph has been established: presence on the Planity platform, creation of an Instagram profile, use of the sign as a commercial brand name.
➡️ However, these …
