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Fine required against the creator of the program, prosecuted by Canal + for having “dabbling” it

The Canal spirit has well and truly disappeared. And this, even before the Nanterre court. This Friday, Patrick Menais creator of the famous program of Zapping on Canal+ was tried for “breach of trust”. The encrypted channel accuses him of having “bubbled” the show. The public prosecutor has requested against Patrick Menais a fine of 10,000 euros.

From 1989 to 2016, he produced the daily program of Zapping. In May 2016, in a context of conflict with the new direction of the chain, takeover by Vincent Bollore, he registers in his own name the trademarks “Le Zapping” and “L’Année du Zapping”. This will earn him a few months later a dismissal for serious misconduct. However, if they were not yet registered with the INPI, these marks were “notoriously recognized” as belonging to Canal +, according to the civil party.

“I made this filing to protect this brand”

After an assignment from Canal+, Patrick Menais’ deposits were canceled and the channel recovered the brands. “These trademarks, filed on the sly, were dabbled in for a while and we had to fight to recover them,” said the lawyer for the Canal+ group, Me Olivier Baratelli.

“I made this filing to protect this brand. I didn’t want to monopolize it or take advantage of it. I immediately told my management, in complete transparency, that I had done it”, defended the defendant, explaining that he wanted to “protect the interests” of the channel. “He did not use this mark, since we did not go as far as registration”, pleaded his lawyer, Me Jérémie Assous.

Patrick Menais complains of being “harassed” by Canal +

“Whatever you file does not give you any rights, it is the registration of a mark which allows you to have rights. He therefore could not abuse a right he did not have, it is common sense”, developed Me Assous, denouncing “an instrumentalization of justice to break Patrick Menais”.

Since his dismissal, the director has produced for France Télévisions a daily program similar to Zapping, Vu. “I am harassed by the Canal+ group every time I move a finger, it’s unbearable”, also declared the defendant, in particular with reference to the 44 million euros requested, in vain, by Canal+ from France Televisions upon arrival on the public channel of Vua show she considered a “parasitic cover” of the Zapping.

The deliberation will be delivered on February 23.

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