These first names, which are also brands

André, Jules, Sandro, Céline, Chloé... For a few years now, fashion brands have been passionate about first names. The concept is not new: by choosing a first name as a distinctive sign, companies make sure to opt for a distinctive brand. Indeed, a first name is generally not descriptive of the products sold. Moreover, the use of a proper name as a trademark dates back to the 19th century, when merchants used to put their names on their products. In a previous article, we had also mentioned this, the very special case where a company creates a character from scratch in order to give more personality to its products.

However, the multiplication of "first name" marks raises new questions.

The Renault Zoé case: can a first name be freely available as a brand name?

The car manufacturer Renault has held a "ZOE" trademark since 1991. This trademark, which had been filed and registered with total indifference, was suddenly talked about almost 20 years later. Indeed, in 2010, Renault is announcing the launch of its electric car called Zoé. Two families then filed a lawsuit against the company to prohibit it from using the trademark.. These families had in fact in common their patronymic "Renault" and the fact that their daughters were baptized "Zoé". Their lawyer argued that there was a risk of "constant mockery" against the children.
However, the Tribunal de Grande Instance (TGI) of Paris did not follow the lawyer's reasoning. The judge found that there was no evidence that the use of the first name Zoé for a car was "such as to constitute an attack on the dignity of the two young plaintiffs. "The Zoé Renault car could therefore be marketed as of 2012.

It wasn't the first time that Renault had chosen a first name for its cars, and thus created controversy: Clio and Mégane had already caused quite a stir.

The Milka case: when the first name loses to the mark

In March 2005, the multinational Kraft Foods attacked a seamstress, Mrs Budimir, for operating the milka.fr website. The Nanterre Regional Court of First Instance had granted the request of Kraft Foods, which invoked an act of cyber-squatting. The judges had then sentenced the seamstress to transfer the domain name. According to the judges, "by reserving and using the domain name milka.fr, Ms. Budimir made an unjustified use of the well-known name marks Milka. »

But Mrs. Budimir's first name happens to be "Milka". This name originates from the Bible and means "little queen" in Hebrew. It has no connection with the brand name "MILKA" which takes its name from the contraction of Milch and Kakao (which means milk and chocolate in German). Ms. Budimir's lawyer attempted to invoke the case law on family names, according to which the registration of a surname as a trademark does not prohibit a homonym from using its name in good faith. All the more so when the activities in question are different.

But the court found that Kraft Foods had been using the MILKA brand long before Ms. Budimir was born. Moreover, as the MILKA trademark had been reserved before the domain name milka.fr, this anteriority was to benefit the multinational. In April 2006, the Court of Appeal therefore upheld the decision of the High Court..

The multiplication of first names inspired by brands

Finally, we will conclude this article by talking about parents who turn trademarks into first names. On the girls' side, we can mention: Chanel, Prada, Sephora, Zara and even Facebook. Boys are not to be outdone, with little Kenzo, Célio or Rolex. The line between brand names and first names is becoming increasingly blurred. Especially since there is no list of authorized first names.

However, the registrar is still in charge of checking first names. He must therefore refer the matter to the public prosecutor if he considers that the forename is detrimental to the interests of the child.