Website
This site www.french-nightmare.com is published by FRENCHNIGHTMARE SAS, a company with a capital of 6000 Euros, registered with the Trade and Companies Register of Nevers under the number 789 106 416, whose head office is located at 177 rue of Lourmel 75015 Paris - France.

Host: OVH - 2 Rue Kellermann - Roubaix

Trademark
FRENCHNIGHTMARE® is a registered trademark registered with the National Institute of Industrial Property. This registration confers on it the protection enacted by the legal provisions (article L 711 and following and R 712-1 and following ones of the Code of the Intellectual Property) and by the directive 2008/95 / CE.

ARTICLE 1. ARE PROHIBITED, EXCEPT AUTHORIZATION OF THE OWNER:

1. The reproduction, use or affixing of a mark, as well as the use of a reproduced mark, for products or services similar to those designated in the registration;
2. The imitation of a mark and the use of an imitated mark, for goods or services identical or similar to those designated in the registration.

ARTICLE 2. WHAT ARE THE APPLICABLE SANCTIONS?

Civil sanctions
Infringement of the right of the owner of the mark constitutes an infringement incurring the civil liability of its author.
An action for interim relief may be instituted in order to put an end to the disturbance and an action on the merits may be exercised in parallel (action for unfair competition) in order to obtain compensation for the damage suffered.

Penals sanctions
Unlawful use of a trademark may be prosecuted if this use is likely to undermine the brand function.

In accordance with Article L.716-9 of the Intellectual Property Code:

"Is punished by four years of imprisonment and a 400,000 euro fine for anyone, with a view to selling, supplying, offering for sale or renting goods presented under a counterfeit mark:

at. Importing, exporting, re-exporting or transhipping goods presented under a counterfeit trademark;
b. To produce industrially goods presented under a counterfeit trademark;
c. To give instructions or orders for the commission of the acts referred to in a and b.

Where the offenses provided for in this Article have been committed in an organized band or on an online public communication network or where the facts relate to dangerous goods for human health, safety or the safety of humans, the penalties shall be brought to five years' imprisonment and a fine of 500,000 euros ".

In accordance with Article L.716-10 of the French Intellectual Property Code:
"Is punished by three years of imprisonment and a fine of 300,000 Euros for anyone:

at. To detain for no legitimate reason, to import or export goods presented under a counterfeit trademark;
b. Offer for sale or sell goods presented under a counterfeit trademark;
c. Reproducing, imitating, using, affixing, deleting, modifying a mark, a collective mark or a collective certification mark in violation of the rights conferred by its registration and the prohibitions deriving therefrom. The offense, provided for under the conditions set out in this c, is not constituted when a prescription assistance software allows, if the prescriber so decides, to prescribe in an international non-proprietary name, in accordance with the rules of good practice Article L. 161-38 of the Social Security Code;
d. Knowingly deliver a product or provide a service other than that requested under a registered trademark.

When the offenses set out in paragraphs a to d have been committed in an organized gang or on an online public communication network, the penalties are increased to five years' imprisonment and a 500,000 euro fine ".

In accordance with Article L.716-11 of the Intellectual Property Code:
"Will be punished the same penalties anyone:

at. Knowingly makes any use of a collective certification mark registered under conditions other than those prescribed in the regulations accompanying the filing;
b. Knowingly sells or offers for sale a product bearing an improperly used certification collective mark;
c. Within a period of ten years from the date on which the protection of a collective certification mark that has been used has been terminated, a mark will be knowingly used to reproduce it. or imitation, be sold, offered for sale, provided or offered to provide goods or services under such brand.

The provisions of this article shall apply to trade marks provided for in Chapter III of Title I of Book IV of the Labor Code.

In accordance with Article L.716-11-1 of the Intellectual Property Code:
"In addition to the penalties provided for in Articles L. 716-9 and L. 716-10, the court may order the total or partial, definitive or temporary closure, for a period not exceeding five years, of the establishment used to commit the offense.
The temporary closure can not lead to a break or suspension of the employment contract or any financial loss to the employees concerned. When the final closure entails the dismissal of the staff, it gives rise, apart from the notice indemnity and the severance pay, to the damages provided for in Articles L. 122-14-4 and L. 122-14. -5 of the labor code in case of breach of employment contract. The non-payment of these allowances is punished by six months' imprisonment and a fine of 3,750 euros ".

In accordance with Article L.716-11-2 of the Intellectual Property Code:
"Legal persons held criminally liable, under the conditions set out in Article 121-2 of the Penal Code, for the offenses defined in Articles L. 716-9 to L. 716-11 shall be liable, in addition to the fine, in accordance with the conditions laid down in Article 131-38 of the Criminal Code, the penalties provided for in Article 131-39 of the same Code.
The prohibition mentioned in 2 ° of article 131-39 of the same code concerns the activity in the exercise or on the occasion of the exercise of which the offense was committed.
Legal persons found criminally liable may also be sentenced, at their own expense, to remove from the channels of commerce items deemed to be infringing and anything that has been used or intended to commit the offense.
The court may order the destruction at the expense of the convicted person or the delivery to the injured party of objects and things removed from the commercial channels or confiscated, without prejudice to any damages and interests ".

In accordance with Article L.716-12 of the Intellectual Property Code:
"In the event of recidivism of the offenses defined in Articles L. 716-9 to L. 716-11, or if the offender is or has been bound by agreement with the injured party, the penalties incurred shall be doubled.
In addition, the guilty parties may be deprived for a period not exceeding five years of the right of election and eligibility for commercial courts, territorial chambers of commerce and industry and chambers of commerce as well as for the industrial tribunals ".

In accordance with Article L.716-13 of the Intellectual Property Code:
"Natural persons guilty of any of the offenses provided for in Articles L. 716-9 and L. 716-10 may be ordered, at their own expense, to withdraw from the commercial circuits objects deemed to be infringing and anything that has served or was intended to commit the offense.
The court may order the destruction at the expense of the convicted person or the delivery to the injured party of objects and things removed from the commercial channels or confiscated, without prejudice to any damages.
It may also order, at the expense of the convicted person, the posting of the judgment or the dissemination of the judgment pronouncing the sentence, under the conditions provided for in article 131-35 of the Penal Code ".

In accordance with Article L.716-14 of the Intellectual Property Code:
"In fixing the damages, the court takes into account the negative economic consequences, including the loss of profits, suffered by the injured party, the profits made by the infringer and the moral damage caused to the owner of the rights by reason of the reached.
However, the court may, as an alternative and at the request of the injured party, award damages in the form of a lump sum, which may not be less than the amount of the royalties or fees that would have been due had the infringer requested authorization to use the right to which he has infringed.

In accordance with Article L.716-15 of the Intellectual Property Code:
"In the event of a civil conviction for infringement, the court may order, at the request of the aggrieved party, that the products recognized as counterfeit products and the materials and instruments mainly used for their creation or manufacture be recalled from the commercial channels, definitively rejected. of these circuits, destroyed or confiscated for the benefit of the injured party.
The court may also order any appropriate measure of publicity of the judgment, in particular its display or publication in its entirety or by newspaper extracts or on the online public communication services it designates, in the manner it specifies.
The measures mentioned in the first two paragraphs are ordered at the expense of the counterfeiter ".

ARTICLE 3. USE OF THE TERM «FRENCH NIGHTMARE»

In any event, the use of the term "FRENCH NIGHTMARE" must not affect the image of the brand FRENCH NIGHTMARE
The use of the name FRENCH NIGHTMARE or the products on which the mark FRENCH NIGHTMARE has been affixed with the authorization of its owner shall not in any way cause any damage to the reputation or the moral integrity of the mark FRENCH NIGHTMARE.
The public or private, professional or not, commercial or not, including artistic context of the use of the name FRENCH NIGHTMARE is unimportant.
Whatever the use of the name FRENCH NIGHTMARE, it is imperative to respect the moral integrity of the name FRENCH NIGHTMARE.
Failing and without any reserve or limit, the owner of the mark FRENCH NIGHTMARE will engage any procedure necessary to the respect of its mark and the repair of the prejudices undergone.

ARTICLE 4. PERSONAL DATA

The Seller reserves the right to collect data about the User, including the use of cookies. The Seller may, for commercial reasons, transmit to a business partner the identity and contact details of the Service Users. The User may expressly object to the disclosure of his details when ordering. For this it is enough for him to indicate it by filling the form of contact since the site.
The User is informed that this automated processing of information complies with the European standard RGPD.
In accordance with the amended CNIL law of January 6, 1978, the User has the right to access, oppose and correct data concerning him via the website.

Best Regards
French nightmare