Mr. T.H, manager of the French city of Dijon’s museum stores, registered the name POMPON as a trademark. The company DIXIT ARTE applied to the French Trademark Office (INPI) for a declaration of invalidity on the ground of bad faith. According to the plaintiff, the trademark owner was aware of DIXIT ARTE’s use of the POMPON sign, since they operated in the same business sector. Moreover, the facts showed that DIXIT ARTE intended to monetize the use of the trademark, since it had sent a draft licensing agreement to DIXIT ARTE.
In so doing, he wished to divert trademark law from its intended purpose to collect royalties for the use of the name POMPON, even as a reference to the sculptor’s surname.
The French Trademark Office agreed with the plaintiff and cancelled the application, which met the criteria for a bad faith application.
