Object of the decision
Goldwin Law Firm distinguished itself in the defense of a CBD marketing company, obtaining a conviction for trademark infringement of a competing company
In this case, this company develops and markets its products under the name “La Ferme du CBD”. However, a competitor was using the “Ferme du CBD” name on its website to promote its own marketing of cannabidiol.
By judgment of December 19, 2023, the Marseille Judicial Court condemned the competing company for counterfeiting by imitation of the La Ferme du CBD trademark.
The Marseille Judicial Court, referring to Articles L.713-1 and L.713-2 of the Intellectual Property Code , recalls that the registration of a trademark confers a right of ownership over it.
The use of an identical sign without the authorization of the trademark owner is prohibited.
The use, in the course of business, of a similar sign is prohibited if the said sign creates a risk of confusion in the mind of the public.
In this case, as noted by the Judicial Court, the two companies market similar products. Moreover, the signs used are almost identical, with the competing company using the sign “Ferme du CBD,” while the company represented by the law firm Goldwin markets its products under the sign “La Ferme du CBD.” The Court emphasizes the phonetic and visual similarity of the two expressions.
Therefore, the competing company’s use of the terms “CBD Farm” is likely to cause confusion in the minds of consumers.
The counterfeiting is therefore established.
This use of the term “CBD Farm” by the competing company caused several types of damages to the plaintiff company. As a result, Goldwin obtained an order for the competing company to pay several sums in respect of various damages.
Firstly, the counterfeiting had a direct impact on the economic activity of the plaintiff company.
The Marseille Judicial Court ordered the competing company to pay the sum of 486,407.03 euros in compensation for the loss suffered by the plaintiff company on its turnover.
The competing company is also ordered to pay the sum of 5,000 euros for the moral damage suffered by the plaintiff company, which saw its brand image devalued. Indeed, the use of a virtually identical sign by a competing brand has considerably reduced the distinctive power of the plaintiff company.
Finally, the competing company, deprived of the possibility of using the terms “Ferme du CBD” in its commercial and advertising communications, is also obliged to display the decision of the Marseille Judicial Court on its website.
Maître Jonathan BELLAICHE , partner of the firm, is behind the conviction.
