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Matter

Apple Corps Limited v Mr [O] [N] (Paris Court of Appeal RG 21/09159, 15 April 2022)

  1. 15 April 2022France

    15 April 2022France

    Judgment of the Paris Court of Appeal in case RG 21/09159 dated 15 April 2022

    Paris Court of Appeal, Pôle 5 - Chamber 2

    Case no.
    RG 21/09159
    Citation
    No. 63
    Decision summary
    The Paris Court of Appeal rejected Apple Corps Limited's appeal seeking annulment of the INPI Director General's 16 February 2021 decision that had rejected its opposition to Mr [O] [N]'s application to register THE BEATLES for products and services in classes 12, 29, 30, 32, 33, 36, 39, 42 and 45. The court held that the evidence established the BEATLES mark's reputation for sound recordings but did not establish the required link for the dissimilar goods and services, and it also rejected the claim for procedural costs.

    Supporting details

    7 authorities · 15 participants
    Application
    Apple Corps Limited's appeal seeking annulment of the INPI decision rejecting its opposition to registration of THE BEATLES — Rejected
    Application
    Apple Corps Limited's claim for procedural costs — Rejected
    Apple Corps Limited
    Representative
    Mr [Z] [H] (For: Apple Corps Limited)
    Representative
    Camille Pecnard (For: Apple Corps Limited)
    Representative
    Cabinet Lavoix (For: Apple Corps Limited)
    Mr [O] [N]
    Institut National de la Propriété Industrielle (INPI)
    Representative
    Caroline Le Peltier (For: Institut National de la Propriété Industrielle (INPI))
    Paris Court of Appeal, Pôle 5 - Chamber 2
    Advocate General
    Monica d'Onofrio
    Other
    Institutional administrator
    Carole Trejaut
    Institutional administrator
    Ministère Public

    Authorities cited

    7
    • French Code of Civil Procedure
      statute
    • Regulation (EU) 2017/1001, Article 8(5)
      statute
    • Adidas (CJCE, 23 October 2003, C-408/01)
      case-law
    • Intel (CJCE, 27 November 2008, C-252/07)
      case-law
    • Canon (CJCE, 29 September 1998, C-39/97)
      case-law
    • General Court of the European Union decision of 29 March 2012
      case-law
    • Court of Justice of the European Union decision of 14 May 2013
      case-law

Matter record

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Apple Corps Limited v Mr [O] [N] (Paris Court of Appeal RG 21/09159, 15 April 2022) · Matter