E-BOX is condemned by the TGI of Paris but it is La Poste which appeals
La Poste initiated a legal action against E-Box on 6 June 2006 and requested the cancellation of trade marks arguing the similarity to La Poste brands and claiming it could create confusion to the consumers. La Poste also requested EUR 215,000 for compensation.
On 11 March 2008, after 2 years of legal procedures, the Court of Justice issued its decision (This sentence is provisional since one of the parts can still appeal):
The tribunal:
– Condemns E-BOX for counterfeiting by imitation of the following brands: ’agence postale rapide ebox’’, agence postale jaune’’, agence postale orange’’,’’agence postale erte’’, ‘’point poste jaune’’, ‘’point poste orange’’, and ‘’point poste vert’’. E-BOX must pay to La Poste EUR 20,500.
– Declares inadmissible the counterclaim of EBOX against La Poste
In revenge the tribunal:
– Don’t approve the nullity of the ’agence postale rapide e-box’’ brand
– Declares the validity of the following E-BOX brands: ‘’post ebox’’, “e-box, l’ autre poste’’, et ‘’e-box, une autre idée de la poste’’.
La Poste decided to appeal to this sentence.
La Poste group announced the objective to EUR 850 million net profits for 2008. Even if E-Box “contribution” passed from EUR 20,000 to EUR 215,000, it will remain marginal in the accounts of La Poste.
Therefore, the action of the La Poste only aims to ensure the monopoly of the words “poste”, postal’, ‘postale’, ‘agence postale’ and seek to preserve the monopoly of the postal services in France.
Can be possible a healthy competition in the French postal market, where ARCEP is the regulator and guarantor, if the services suggested by competitor operators of La Poste cannot be understood by the consumers as being of postal nature?
By collateral effect, the continuation of legal actions from La Poste give value to E-BOX trade marks containing the word ‘poste’. But E-Box’s interest is to support the implementation of the European directives related to the liberalization of the postal markets and the creation of a competition model.
