Trademarks, family names and the risk of confusion: the judge hearing the interim application acts swiftly

In an order dated 7 August 2026, the Lille Judicial Court was seised of a dispute between two companies that had historically used the name [S] in the fishmongering, catering and fish soup sectors.

The company holding the ‘Maison [S]’ trade mark accused its competitor of marketing a fish soup produced by the latter under the name ‘[S] soup’, which, in its view, created a risk of confusion with the recipe historically associated with the product’s inventor.

The judge hearing the application for interim relief found that an infringement had occurred justifying immediate measures and:

• prohibits the defendant company from marketing and promoting its fish soup under the name ‘[S] soup’;
• imposes a daily penalty payment of €300 for each established infringement;
• orders several corrective measures designed to clearly inform the public that the soup being marketed is not the traditional recipe created by Mr [S];
• in particular, requires explanatory statements to be included on the restaurant’s menu, in fishmongers’ shops and on social media.

The ordinary court judge, on the other hand, does not rule on the request to continue the business relationship during the notice period, on the grounds that this request falls within the jurisdiction of the judge hearing applications for interim relief at the Commercial Court.

FIRSH’s inputs

This decision illustrates the effectiveness of interim relief in trade mark law, which few practitioners make proper use of. Where there is a sufficiently clear risk of confusion, the court can very quickly impose remedial and injunctive measures!

Claire Poirson & Léa Monel