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Document 62024CN0412

Case C-412/24, Fauré Le Page: Request for a preliminary ruling from the Cour de cassation (France) lodged on 10 June 2024 – Fauré Le Page Maroquinier SAS, Fauré Le Page Paris SAS v Goyard ST-Honoré SAS

OJ C, C/2024/5306, 9.9.2024, ELI: http://data.europa.eu/eli/C/2024/5306/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

ELI: http://data.europa.eu/eli/C/2024/5306/oj

European flag

Official Journal
of the European Union

EN

C series

C/2024/5306

9.9.2024

Request for a preliminary ruling from the Cour de cassation (France) lodged on 10 June 2024 – Fauré Le Page Maroquinier SAS, Fauré Le Page Paris SAS v Goyard ST-Honoré SAS

(Case C-412/24, Fauré Le Page)

(C/2024/5306)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Appellants: Fauré Le Page Maroquinier SAS, Fauré Le Page Paris SAS

Respondent: Goyard ST-Honoré SAS

Questions referred

1.

Must Article 3(1)(g) of Directive 2008/95/EC (1) of 22 October 2008 to approximate the laws of the Member States relating to trade marks be interpreted as meaning that a reference to a fanciful date in a trade mark conveying false information on the age, reliability and know-how of the manufacturer of the goods and, consequently, on one of the intangible characteristics of those goods is sufficient to establish the existence of actual deceit or a sufficiently serious risk that the consumer will be deceived?

2.

If the answer to the first question is in the negative, must that article be interpreted as meaning?

(a)

that a trade mark may be regarded as deceptive where there is a likelihood that consumers of the goods and services designated by the trade mark will believe that the proprietor of that trade mark has been producing those goods for centuries, thereby conferring on them a prestigious image, whereas that is not the case?

(b)

that, in order to establish the existence of actual deceit or a sufficiently serious risk that the consumer will be deceived, on which a finding that a trade mark is deceptive depends, the trade mark must constitute a sufficiently specific designation of potential characteristics of the goods and services for which it is registered, so that the targeted consumer is led to believe that the goods and services possess certain characteristics which they do not in fact possess?

(1)  Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (Codified version) (OJ 2008 L 299, p. 25).

ELI: http://data.europa.eu/eli/C/2024/5306/oj

ISSN 1977-091X (electronic edition)

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