Wine Law

16 In this Heineken case, although the County Court of Paris held that this campaigned was to be banned for both its images and catchphrase (“open your world”), the Court of Appeal of Paris held that only the catch phrase was to be banned 55 . As confirmed by both Courts, the catchphrase was never going to comply with Loi Evin, as it is evocative of the fact that beer helps uninhibit and enlarge social encounters (and not to a purely objective reference to the worldwide distribution of the product). Regarding the images, the colours were far too bright for the County Court, resulting in images with festive spirit evocative of nightlife and infringing the law. Nonetheless, the Court of Appeal reversed it on the ground of the objective link with the origin of the product: Rotterdam being its town of production and Amsterdam its export town . Interestingly, the Court of Appeal decided that the evocation of Amsterdam through the design of the Enneus Heerma Bridge and the stylised representation of the industrial elements of Rotterdam were acceptable enough to create an objective link with the product 56 . The creativity in the design of the image was rewarded, but not in the catch phrase. So, it is highly recommended for alcohol campaigns to choose dull colours and flavourless and serious spirit as much as possible. Likewise, other cases showed that trying and make catchphrases with a double meaning generally does not work either. 55 Idem. 56 Same reasoning CA Paris, 13 December, 2018, no. 17/03352. This tolerance for hyperbolic and not purely objective message on the origin on the product might be tempered since it was overruled by Cass. civ. 1 re , 20 May 2020, no. 19-12.278.