LIQUIDES IMAGINAIRES, a company specializing in high-end perfumes, has sued COURRÈGES PARFUMS and COURRÈGES DISTRIBUTION, subsidiaries of the COURRÈGES fashion house, for trademark infringement and unfair/parasitic competition. Based on three French and EU word marks “LIQUIDES IMAGINAIRES,” it accuses them of registering and using the word mark “COURRÈGES COLOGNES IMAGINAIRES,” in particular to designate perfumes. Analysis by Sylvie Benoliel-Claux, attorney at law in Paris.
The companies being sued dispute the existence of a likelihood of confusion between the signs, given the presence of the element “COURRÈGES,” whose reputation is not disputed.
The Court’s conclusion: the trademark “COURREGES COLOGNES IMAGINAIRES” does not infringe on the trademarks “LIQUIDES IMAGINAIRES,” as the single common term “IMAGINAIRES” is not sufficient to create a likelihood of confusion for the average consumer, even though the trademarks designate identical products. The claims based on trademark infringement and unfair and parasitic competition were all dismissed.
In a confirmatory ruling, the Court of Appeals dismissed LIQUIDES IMAGINAIRES’ claims.
On the application for annulment
The Court reiterates that trademarks must be assessed as filed and not solely on the basis of the terms “LIQUIDES IMAGINAIRES” and “COLOGNES IMAGINAIRES.”
➡️ Visually and phonetically, the signs differ in view of the terms COURRÈGES and COLOGNES. Similarly, conceptually, the contested sign refers consumers to colognes from the House of COURRÈGES, while the LIQUIDES IMAGINAIRES mark evokes fluid elements.
➡️ This analysis is reinforced by taking into account the distinctive and dominant elements of each mark: the term “LIQUIDES” is descriptive of perfumes, which are often presented in spray form; the adjective “IMAGINAIRES” is common …
