National Committee for Tobacco Control v. S.A. Philip Morris Products, et al.
The National Committee for Tobacco Control (CNCT) filed a lawsuit against Philip Morris Products (Philip Morris) and Ducati Motor Holdings (Ducati) to prevent the companies from using their "Mission Winnow" trademark at an upcoming Grand Prix event in France (French motorcycle Grand Prix at Le Mans) because it would amount to unlawful tobacco advertising, promotion and sponsorship. CNCT also sought disclosure of the partnership agreements between Philip Morris and Ducati.
In its decision, the Le Mans High Court agreed that:
- The colors of the “Mission Winnow” project and its logo clearly recall the Marlboro cigarette brand that has long been associated with motorsports. - Professionals of the sector knew that the “Mission Winnow” project only conceals sponsorship actions from a tobacco manufacturer. - The “Mission Winnow” name and logo constitute some reference, although indirect, to tobacco and in particular to the Marlboro brand and its owner, Philip Morris. - The violation of provisions in the Public Health Code is sufficiently obvious that the use of the “Mission Winnow” logo or even the existence of the project, as well as the partnership agreement with Ducati, can be questioned under the law.
As a result of these findings, the Court prohibited either company from using the mark, logo or expression “Mission Winnow” under penalty of €10,000 for each violation, and ordered Philip Morris and Ducati to pay €10,000 to CNCT. Additionally, the Court granted CNCT's request for disclosure of the partnership agreement.
National Committee for Tobacco Control v. S.A. Philip Morris Products, et al., N ° RG 19/00153 (France, 2019).
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
A claim of a violation of a tobacco control law or statute.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"[I]t is common ground that:
- Philip Morris, a tobacco manufacturer, has implemented an advertising, promotion and sponsorship project for sporting events entitled "Mission Winnow".
- The "Mission Winnow" brand belongs to Philip Morris, and the company initiated the project and has denominated it with the name;
- the international brands database and the European Union reveals close links between "Mission Winnow" and tobacco, as well as its derivatives or associated products;
- The “Mission Winnow’ project aims in particular to financially support car and motorcycle racing stables.
- Philip Morris is the publisher of a website called "Mission Winnow" from which it appears that the company in question has established a partnership with the Ferrari and Ducati teams;
- The link between Philip Morris and the "Winnow Mission" sport sponsorship project is established;
- The "Ducati Corse" team has taken the name of "Mission Winnow Ducati" and affixes on its motorcycles the brand "Mission Winnow";
- The colors of the "Mission Winnow" project and its logo clearly recall the Marlboro cigarette brand that has long been associated with motorsports;- Professionals of the sector know perfectly well and clearly recognize that the "Winnow Mission" project only conceals sponsorship actions from a tobacco manufacturer and likens the project to a "return of Marlboro".
It follows from the foregoing that the name and the "Mission Winnow" logo constitute some reference, although indirect and implicit, to tobacco, and in particular to the Marlboro brand and its owner, Philip Morris. In this, the use of this brand and logo falls under the prohibition of propaganda or advertising enacted by Article 3512-4 of the Public Health Code.
In addition, the partnership between Philip Morris and Ducati, under cover of the organization and the "Mission Winnow" brand, is clearly a sponsorship or patronage operation prohibited by law."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The National Committee for Tobacco Control (CNCT) filed a lawsuit against Philip Morris Products (Philip Morris) and Ducati Motor Holdings (Ducati) to prevent the companies from using their "Mission Winnow" trademark at an upcoming Grand Prix event in France (French motorcycle Grand Prix at Le Mans) because it would amount to unlawful tobacco advertising, promotion and sponsorship. CNCT also sought disclosure of the partnership agreements between Philip Morris and Ducati.
In its decision, the Le Mans High Court agreed that:
- The colors of the “Mission Winnow” project and its logo clearly recall the Marlboro cigarette brand that has long been associated with motorsports.
- Professionals of the sector knew that the “Mission Winnow” project only conceals sponsorship actions from a tobacco manufacturer.
- The “Mission Winnow” name and logo constitute some reference, although indirect, to tobacco and in particular to the Marlboro brand and its owner, Philip Morris.
- The violation of provisions in the Public Health Code is sufficiently obvious that the use of the “Mission Winnow” logo or even the existence of the project, as well as the partnership agreement with Ducati, can be questioned under the law.
As a result of these findings, the Court prohibited either company from using the mark, logo or expression “Mission Winnow” under penalty of €10,000 for each violation, and ordered Philip Morris and Ducati to pay €10,000 to CNCT. Additionally, the Court granted CNCT's request for disclosure of the partnership agreement.