France

Defendants' website depicted an issue of "Cigar and Sensations" Magazine on its landing page. On the magazine cover, a group of people enjoyably smoked cigars.  The cover additionally contained two cigar brand logos and brand names. The Non-Smokers' Rights Association obtained a judgment against the editor of the website in the District Court of Paris.  All parties appealed.  In the Non-Smokers' Rights appeal, the association sought additional damages based on the gravity of the tobacco advertising violation.  The association argued that there were multiple violations in one advertisement:  the url itself advertised tobacco products, and the magazine cover advertised tobacco products through multiple means. The appeals court upheld the lower court's decision and refused to increase damages.