Danone has asked the Tribunal De Grande Instance to freeze the site, seize the domain name, and fine the web site’s owner. Danone also wants the court to order publication of the judgment against the web site in national newspapers in an attempt to repair the alleged damage the site has done to the company’s reputation.
The web site owner, who used the site to protest over staff redundancies made by Danone, has argued that there was no risk of initial confusion with the Danone official site. Therefore, there was no trade mark infringement. The ISP argues that it is protected by the French constitutional right to freedom of expression, which should take precedence over trade mark law.
A final ruling is expected on July 4th.