Publication trademarks and borderline distinctiveness

In three cases with similar circumstances, the judges took opposite directions. On October 10, 2008, the Paris Court of First Instance ruled that CUISINE EXPRESS (express cooking) was descriptive of publication content on short order cooking. O

n October 22, 2008, the same Court decided that LE MARCHE DU TRAVAIL (labor market) was evocative of a journal relating to job searches, and remained distinctive.

On December 16, 2008, the French High Court upheld that FEMME was an evocative trademark in terms of the target readers of the publications concerned. These decisions show the importance to be given to strategic thinking, in order to decide whether copyright or unfair competition could be better grounds for legal action.

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