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Paris Court Rejects Artistic Expression Defence in Hermès Trademark Case

On 3 June 2026, the Paris Judicial Court ruled in a dispute brought by Hermès International and Hermès Sellier against Le Bidon Français, a French gallery operator. The defendant displayed and sold decorative objects—including crushed cans, trays and fire extinguishers—bearing Hermès word and figurative marks, while also using the Hermès name in product listings and social-media promotion. The court found that the signs were being used to market and sell goods, amounting to trademark infringement, and also upheld Hermès Sellier’s unfair competition claim.

The ruling does not say that artistic works may never refer to trademarks. Its sharper point is that artistic expression is not an automatic defence once a sign is used across the object itself, sales pages and promotional material in a way that capitalises on a luxury brand’s reputation. For galleries, designers and creative businesses, the case is a practical warning: once a work enters commercial distribution, courts are likely to examine how prominently the mark is shown, whether its use is genuinely necessary to the expression, and whether consumers may infer authorisation or an economic link.

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