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 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.