March 15, 2005 to be transferred to Kraft Foods

In a closely watched case, a French court ruled that Milka Budimir - Milka is her first name -, who runs a shop called "Milka couture" and who registered the name in 2001, "made unjustified use of the registered trademark Milka that is owned by Kraft Foods."
The decision (Nanterre Court of first instance, March 14, 2005) is grounded on the article L. 713-5 of the French Intellectual property code, which reads: "Any person who uses a mark enjoying repute for goods or services that are not similar to those designated in the registration shall be liable under civil law if such use is likely to cause a prejudice to the owner of the mark or if such use constitutes unjustified exploitation of the mark."

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