Just published is a decision of the Court of Appeal of Paris dated December 1st, 2010, which confirmed the findings of the First Instance Court by ruling that the chequered label appearing on the jam jar ‘Bonne Maman’ and the overall appearance of that packaging are not generic or descriptive for products in classes 39 and 30.
Limited use of papers or fabrics bearing a chequered drawing for milk or delicatessen products was regarded as unlikely to deprive from distinctiveness other use made in the field of food stuff products.
This decision is part of a larger French case law which tendency has repeatedly been to consider as distinctive the chequered label of the ‘Bonne Maman’ jam products.
