Trademark law, a key pillar of intellectual property rights, protects distinctive signs and brand identifiers from unauthorized use. Under Article L713-1 of the French Intellectual Property Code, the owner of a registered trademark has the exclusive right to exploit it and decide whether to authorize third parties to reproduce or imitate it. Use of the mark without such authorization constitutes infringement. A recent ruling by the Paris Court of Appeal on October 16, 2024, offers a clear illustration of how the courts apply these principles — even to something as seemingly minor as a business card. In this case, the company SUD GESTION, owner of the trademarks A+ GLASS and A+ GLASS LE TRAVAIL BIEN FAIT, accused two companies, ALPHA GLASS and ALLO VITRAGE AUTO, of trademark infringement. According to SUD GESTION, the defendants used its trademarks on business cards distributed to potential customers, creating confusion and misleading the public into believing they were still part of the A+ GLASS franchise network — even though that business relationship had ended. The allegations were supported by multiple witness statements and a bailiff’s report confirming the distribution of business cards displaying the A+ GLASS logo. In its defence, ALLO VITRAGE AUTO argued that it had no fraudulent intent. The company claimed it had used the A+ GLASS trademark in good faith, believing it was part of the franchise after receiving contractual documents and undergoing training provided by SUD GESTION. It contended that it only learned later that the franchise agreement could not proceed due to conflicts with SUD GESTION. The Paris Court of Appeal rejected this defence, reaffirming a key principle: u nauthorized use of a sign identical or similar to a registered trademark constitutes infringement when there is a likelihood of confusion, regardless of the user’s intent . In short, bad faith or fraudulent intent is not required to establish trademark infringement under French law. The Court therefore prohibited ALPHA GLASS and ALLO VITRAGE AUTO from continuing to use the disputed trademarks and ordered them to pay damages jointly to SUD GESTION. This ruling serves as an important reminder: any unauthorized use of a sign that creates confusion with a registered trademark amounts to infringement, even when done in apparent good faith . It underscores the need for businesses to be vigilant about how they use third-party trademarks and reinforces the importance for trademark owners to actively monitor and protect their rights to safeguard their brand identity and market reputation. Marco Mouchot, Trainee Lawyer Christine Chai, Managing Partner, Attorney-at-Law

Liability for defective products is a legal framework designed to compensate victims for damage caused by product defects, acting as a key consumer protection mechanism against producers. At the heart of this regime lies the concept of the producer , which is crucial in determining who bears liability. Under European Directive 85/374/EEC, any producer is liable for damages resulting from a defective product, provided the harm stems from the defect. Article 3(1) of the Directive defines the producer broadly: it includes the manufacturer of a finished product, raw material, or component part , as well as any person who presents themselves as the producer by affixing their name, trademark , or other distinguishing sign to the product. This notion of producer was recently clarified and broadened by the Court of Justice of the European Union (CJEU) in a judgment delivered on 19 December 2024 , extending the scope of supplier responsibility under EU law. The Case: Ford Italia SpA Before the Courts The case involved the owner of a Ford vehicle who sued both Stracciari, the Italian dealer, and Ford Italia, the distributor, after an accident caused by the failure of the vehicle’s airbag to deploy — a failure attributed to a manufacturing defect. The vehicle in question had been produced by Ford WAG, a company established in Germany, and then supplied to Stracciari through Ford Italia, which distributes in Italy vehicles produced by Ford WAG. Although both the court of first instance and the Bologna Court of Appeal found Ford Italia liable, the company appealed to the Italian Court of Cassation. Ford Italia argued that as a mere distributor, uninvolved in manufacturing, it should be exempt from liability — especially since the identity of the actual manufacturer was known. It further claimed that the lower courts had given an overly broad interpretation of the Directive. The Italian Court of Cassation referred the matter to the CJEU, asking whether a distributor could be considered a producer even if it had not physically affixed its trademark to the product, particularly when the distributor’s name or trade name coincided wholly or partly with the manufacturer’s brand or another distinguishing sign. The CJEU’s Ruling: A Broad Interpretation of “Producer” The CJEU answered affirmatively, holding that the notion of producer under Article 3(1) is not limited to the manufacturer. It can extend to any person who presents themselves as a producer, whether explicitly (by affixing their name or brand) or implicitly, such as through the coincidence of trade names . In this case, the Court found that the similarity between Ford Italia’s name and the Ford brand was sufficient to qualify the distributor as presenting itself as the producer, even in the absence of physical markings on the product. Impact: Strengthened Consumer Protection and Expanded Supplier Liability This ruling underscores the broad and consumer-protective approach of EU law. By treating distributors who share or use the producer’s brand as producers themselves, the Court eases the burden on consumers, who no longer need to precisely identify the manufacturer to claim compensation. For distributors and suppliers, the decision serves as a warning: exploiting a shared or group brand can expose them to joint and several liability, effectively placing them on equal footing with manufacturers when it comes to defective product claims . This reinforces the need for careful brand management and greater vigilance within corporate groups. Marco Mouchot, Trainee Lawyer Christine Chai, Managing Partner, Attorney-at-Law