Case detailB a c k
Article 6 1. (b)
|Common name||10/04016||Decision type||Court decision in appeal|
|Court||Cour d''appel de Paris||Plaintiff(s)||Société Havana Club International and SA Pernod|
|Court translation||Court of Appeals Paris||Defendant(s)||SAS Etablissements Dugas and Société 1872 Holdings VOF|
|Keywords||misleading advertising, misleading statements, product characteristics, product origin|
+ Expand all
Mentioning a famous geographical location on a product and in related commercial materials whereas the product does not originate from that location constitutes a misleading commercial practice.
The defendant sells rum from the Dominican Republic, making several references to Cuba on the bottles and in commercial materials.
The plaintiff, who stated that the products were in no way linked to Cuba and did certainly not originate from Cuba, claimed that this advertising practice constituted an unfair commercial practice for which it requested damages.
In first instance, the court denied the plaintiff's request.
Does mentioning a famous geographical location on a product and in related commercial materials whereas the product does not originate from that location, constitute a misleading commercial practice?
The court held that the combination of all the references to Cuba, mostly inaccurate, caused professional resellers, and a fortiori consumers, to believe the product originated from Cuba. Therefore, so the court held, those commercial practices are to be considered misleading.
|URL Decision||Decision full text|
The plaintiff's claim was granted.
|There is no events for this case.|
|National ID||Common Name||Subject||Country||Link type|
|There is no related cases for this case.|
|There is no Legal Literature for this case.|