Euro-Counsels

The Counterfeiting case for Kulte against the Australian owners of the trademark Cult & Cult Industries was won by the French brand Kulte. The case was presented by Severine Mas before the Paris TGI Court, competent in France for counterfeiting of European trademarks.

Comparing the word mark KULTE and the figurative mark CULT, the Court considered that: "It is necessary to examine the degree of similarity between Kulte and Cult used to designate identical consumer goods (clothes, shoes). Taking into account for the French public, of the visual as well as the intellectual identity of the signs in question, the confusion as to the origin of the products is established, the visual modification of the first letter and of the final letter of the prior trademark is hardly visible".

KULTE is "cult"

In addition, the Court, referring to the image of the trademark Kulte in Europe, and the efforts of the brand to associate its name with vintage and "cult" objects from the 70's, the Court agreed that "The company Kulte and the press articles for the promotion of the clothes Kulte refer expressly in their external communication to the term "cult" (to be "cult" is to be loud and gaudy)".

Communication is the key

The Court gives here an important message to be taken into consideration by corporate bodies exploiting brands for mass consumption. The brand can be associated with a concept that can be further protected against third parties trying to take profit from this association.

The Court invalidated the international trademarks "Cult" in the French territories, and granted 194,500 euros of damages to the licensee and to the owner of the trademarks KULTE.

Read the judgement (in French), published by Juriscom.net