Areva alleged that the posting on Greenpeace’s websites of a
logo, which presented the shadow of a radioactive symbol and a
skull behind an “A” similar to Areva’s trade mark, broke French
trade mark law. Areva was seeking damages, legal expenses and a
court order to stop the display of the image.
The court rejected Areva’s allegations that the imitation of its
trademark by Greenpeace constituted infringement. The judge
reasoned that, under the Trademark Directive, infringement involves
the use of a sign which is identical to the litigious trademark. In
this case, however, the Greenpeace logo had additional elements. It
also did not identify Areva’s products, but rather its nuclear
activities.
The judge also considered the non-commercial nature of the
Greenpeace web site and concluded that the use of the doctored logo
did not result in confusion.
The decision contrasts with another recent ruling, where a
French court ordered Greenpeace to cease the use of a doctored Esso
logo, in which the middle letters had been replaced by dollar
signs. Greenpeace had designed the logo as part of its StopEsso
campaign.
