On July 1st, 2008, the French High Court considered that BOTOX could not identify the origin of products. In fact, the mark BOTOX had turned into an usual name for the botulic toxin.
ALLERGAN sued JOUVE & AGE for counterfeiting of its mark BOTOX. The Court of Appeal upheld the trademark cancellation for non-use raised in defense by JOUVE & AGE.
The High Court however rejected it and stated that the mark had become usual for this toxin because of the lack of reaction of its owner.