LANGUAGE

Non-Smokers' Rights Association v. Philip Morris France

The Non-Smokers’ Rights Association (DNF) filed an "urgent action” (used to stop infractions immediately) in order to shut down a Philip Morris stand at a trade fair. DNF alleged that that the stand bore the Philip Morris trademark and name and utilized hostesses that were not full time Philip Morris employees. Philip Morris opposed the suit, claiming, among other arguments, that they were entitled to make themselves visible with a tobacco sign because they were acting as a temporary tobacco shop; that the Philip Morris sign was not advertisement, rather it was simply identifying the company as a vendor; and that the use of temporary hostesses was permitted. The court agreed that the sign and hostesses were permitted, but held that the Philip Morris trademark constituted advertising and was not simply identifying the company. The court ordered Philip Morris to remove the trademark and to pay and to pay DNF costs.