The Portuguese company Each X Other is the owner of two word marks "EACH OTHER", one French and the other international, covering in particular the European Union. After noting that Levi Strauss was using the sign "MADE FOR EACH OTHER" to present their service of personalising denim jackets in two boutiques located in the 2e arrondissement de Paris, in a banner on its website, as well as on the social networks Instagram and Twitter, it summoned the Levi Strauss companies before the Tribunal de Grande Instance de Paris for trademark infringement and unfair and parasitic competition.
The Levi Strauss companies then argued that the Paris TGI did not have jurisdiction over the dispute. As the pre-trial judge held that the French courts had jurisdiction, the Levi Strauss companies appealed against his decision.
In a judgment dated 10 January 2020The Paris Court of Appeal upheld this decision on the following grounds:
- the procedural rules applicable to disputes involving a national trade mark and a European trade mark give jurisdiction in particular to the courts of the Member State in which the trade mark is protected or the Member State in which the acts were committed;
- in the case of acts committed on the internet, in order for the French courts to have jurisdiction, it is necessary to verify that the disputed sites and accounts are accessible to the French consumers or professionals for whom they are intended, regardless of the fact that the disputed advertisements were placed online outside French territory.
In this case, it was found by a bailiff that the website and social networking pages using the "MADE FOR EACH OTHER" sign were accessible from France.
The Court of Appeal therefore concluded that ". although the offending pages of the disputed website and Twitter and Instagram accounts are written in English and the prices on the site appear primarily in dollars for delivery in the United States, this is not sufficient to establish that the said pages are not intended for the French public, to whom they are easily accessible and who recognise the visuals of Levi's clothing sold in France, as well as the wording 'made for each other' which appears as a banner on the windows of two Levi's shops especially as the functions of these accounts [...] just like the footer tabs [...] are written in French. "