The action for invalidity of a trademark in force on May 24, 2019, the date of entry into force of the Pacte Law, is not subject to any statute of limitations, even if the limitation period had already expired before that date.
VF International and VF France (the VF companies), respectively the owner and distributor in France of the European Union trademarks “Napapijri,” are suing the companies that operate and own the “Geøgraphical Nørway” trademarks for trademark infringement, unfair competition, and parasitic competition, and are also seeking to have the trademarks declared invalid.
On appeal, the VF companies brought an action claiming ownership of these trademarks.
The Paris Court of Appeal dismissed all of the VF companies’ claims.
The VF companies challenged the appeal decision before the Court of Cassation.
The Court of Cassation ruled in their favor in part, partially overturning the judgment. It based its decision on numerous grounds, two of which are of particular interest here.
➡️ New request: an action to assert a trademark does not serve the same purpose as a request for invalidation of that trademark.
The VF companies argued that the Court of Appeals had wrongly ruled that their action to claim the disputed trademarks was inadmissible as new.
This argument was rejected by the Supreme Court: it is a matter of principle that claims are not new if they pursue the same objectives as those submitted to the first judge, even …
