Wine Law

17 For example, Monkey Shoulder tried, in a clumsy way, to link the catchphrase “out of the cage” to an authorised content. They argued that was an objective information on the mode of consumption because the billboard said in small prints that to consume it, one must “remove the bottle from the packaging in form of a cage”. The judges did not buy into it, and, in 7 December 2019 57 , the County Court of Paris held that it was a reference to the fact that alcohol helps to be uninhibited. One should keep in mind that Loi Evin does not allow double meanings or trying to be funny. More, the use of an asterisk does not help. In a recent decision of May 2020, the High Court held that the Grimbergen campaign with films called “ the legend of the phoenix” and “the territory of a legend” did not comply with Loi Evin either. According to ANPAA, Grimbergen’s advertisement had a graphic charter close to the universe of Games of Thrones, attractive for young people, through a game platform. It also considered that the word legend was connecting beer consumption and the idea of living an exceptional moment, something far too gratifying, as well as an incentive for consumption. Surprisingly, the Court of Appeal of Paris 58 had considered that it was not illegal because there was a link with the origin of the product since the traditional symbol of the Grimbergen Abbey was the phoenix. It was also considered that the choice of the 57 TGI Paris, 7 December 2017, no. 15/12862. 58 CA Paris, 13 December 2018, no. 17/03352.

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