Rolex achieved a partial legal victory in its dispute regarding artwork that incorporates its trademarks, including its iconic name and crown logo. In a decision from the Paris Judicial Court, the court recognized the protection of artistic expression but clarified that unauthorized use of well-known trademarks, particularly for promotional objectives on platforms like social media and in marketing videos, could be classified as trademark infringement and parasitism under French law. In March 2023, Rolex initiated litigation against artist Johann Perathoner, alleging unauthorized use of its trademarks, including those associated with the GMT-Master and Milgauss watches. Rolex highlighted Perathoner’s “3D Watches” collection, where cityscapes are depicted within watch faces, many of which prominently feature the luxury brand’s name and logo. The brand contended that Perathoner's actions diluted its brand identity and allowed him to capitalize commercially on Rolex's esteemed reputation. In his defense, Perathoner claimed his artwork fell under the protective umbrella of artistic freedom, asserting that his references to Rolex were in line with the Pop Art movement, known for utilizing recognizable consumer brands. The court's examination on April 2 primarily focused on whether Perathoner’s actions constituted commercial usage and whether he unjustly exploited the goodwill associated with Rolex’s trademarks. While the court acknowledged the prominence of the "Rolex" brand, it found inadequate evidence to support similar recognition for the sub-brands. It deemed Perathoner’s external promotional activities, such as social media ads, as beyond mere artistic expression and categorized them as commercial exploitation. The court concluded that Perathoner’s actions inflicted trademark infringement and constituted parasitism, as he benefitted from Rolex’s reputation without incurring associated costs. Consequently, Rolex was awarded modest damages, along with injunctions prohibiting any future promotional use of its trademarks by Perathoner. This ruling underscores the delicate balance between artistic freedom and the protection of trademark rights within the realm of French and EU law.
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