In this judgment, the court of appeal will distinguish the Community text (Article 103 of Regulation 1308/2013) from the French text (Article L. 643-1 of the Rural and Maritime Code):
“Thus, this last article [Article L. 643(1)] prohibits the use of a designation of origin for other goods or services where it is likely to divert or weaken the reputation of the trademark, whereas this condition of diversion or weakening is not covered in Article 103 of the Community regulation, which lays down as the only requirement that such use “exploits the reputation of a designation of origin”.”
In fact, the Community text sanctions the mere commercial use of the designation of origin.
