Legitimacy of an action brought by the trademark assignor against the assignee

On January 31, 2006, the French High Court ruled that famous top model and stylist Inès de La Fressange was not grounded to bring a cancellation action for non use against her trademark assignee.

For the Judges, she had no legitimate interest in the action for the Judges and her action was contrary to the legal warranty against dispossession.

This matter is to be connected with the CJEC decision of March 30, 2006, where the Court rejected the cancellation claim for non use introduced by the fashion style creator Mrs. Elizabeth EMANUEL. The action was not regarded legitimate as the goodwill of the mark had been assigned to the company manufacturing the marked products.

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