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No requirement for domain name to be distinctive in unfair competition claims

10 March 2017

World Trademark Review

In a decision of December 6 2016, the French Supreme Court of the Judiciary (Cour de Cassation) provided a very useful clarification in relation to unfair competition claims (‘concurrence déloyale’, a tortious action) based on domain names. The Cour de Cassation stressed that neither the distinctiveness nor the originality of a domain name was a requirement for an unfair competition claim to be admissible, but that they would simply be relevant when assessing the likelihood of confusion.

The claimant was a French company called Pressimmo On Line. It was the owner of the word trademark LACOTEIMMO and the registrant of the domain names ‘lacoteimmo.com’ and ‘lacoteimmo.fr’.

Read more: No requirement for domain name to be distinctive in unfair competition claims

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