Trade Mark Infringement - France
On November 9, 2006, the French Court of Appeal issued a new decision in relation to Greenpeace's Areva parody pushing limits of freedom of speech being a constitutional value in France.
The nuclear energy company Spcea, trading under the commercial name Areva filed a suit claiming trandemark infringement against Greenpeace using the trademark AREVA on its website with a depiction of a skull and crossbones, in the Court of First Instance. The Court after discussing the case refused to consider that the use of Areva logo constituted trademark infringement but considered that Greenpeace's actions were beyond the permissible limits of freedom of speech and accordingly awarded damages for the denigration of Areva's marks under the French Civil Code. Greenpeace appealed against the order to the French Court of Appeal on the grounds that freedom of speech, which is being considered as constitutional value in France, should apply as actions were designed to alert the public to the nuclear industry's impact on the environment and that Areva was involved with one of the world's leading nuclear energy companies. Greenpeace further suggested that the damages be reduced to nominal amount to compensate Areva for the prejudice caused.
The French Court confirmed the judgement of First Instance court, finding that there was no trademark infringement but that Greenpeace was liable on the ground of denigration of Areva's trademarks. However, it held that as Areva had provided no evidence of prejudice suffered, the nuclear energy company, Spcea, was entitled only to nominal damages, and reduced the amount of damages awarded by the first instance court.
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