In response to a preliminary question referred by the
French Court of Cassation, the CJEU has clarified the principle
that a trademark bearing a designer's name may become deceptive
due to its use after the designer's departure,
explains Melis
Metin.
Does European law preclude the cancellation of a trademark
bearing a creator's name when used by the assignee in such a
way as to effectively create the impression that the creator is
still involved in the creation of the products, when this is not
the case? This was the issue at the heart of the dispute referred
to the Court of Justice of the European Union (CJEU) by the French
Court of Cassation.
Origins of the dispute
The case originated from a conflict between a fashion designer
(hereinafter Mr [W] [X]) and PMJC, the company that had acquired
his business and the trademarks bearing his surname. Following the
acquisition, Mr [W] [X] worked for PMJC for a period before ending
this collaboration and ceasing all
