Correction to “Cheval Blanc”
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1 Correction to: IIC (2018) 49(2):242–245 https://doi.org/10.1007/s40319-018-0673-7
The fact that the defect of deceptiveness tainting a trade mark can be purged neither by use nor by time is not capable, as a matter of principal, of overcoming the limitation period applicable to an action for the cancellation of the trade mark based on this defect and does not interrupt the limitation period as long as the trade mark remains inscribed in the national trade mark register.
A prohibition imposed on pain of penalty on the use of an infringing term (here: “cheval blanc”) in a business name in whatever form and at whatever place is sufficient to ensure the reparation in full of the loss suffered resulting from the infringement of the trade mark, when no evidence has been provided of any specific loss, enrichment of the infringers, or dilution by such use of the distinctive character, fame and prestige of the trade mark.