Company Names...Trade Marks: Vive La Differénce!

A recent ruling by the European Court of Justice has cast light on the often shadowy no-man's land between trade marks on the one hand and company names on the other.

The complainant, a French clothing manufacturer, owned the French trade mark registration CÉLINE. The defendant opened a shop under the name "Céline" from which it sold clothing and accessories, and registered "Céline" as a company name; it did not, however, affix the brand CÉLINE to the merchandise that it sold.

The claimant sued for trade mark infringement in the French courts, and succeeded at first instance. But on appeal the court decided to refer the matter to the ECJ for a ruling.