An action for infringement brought by the proprietor of an earlier trade mark against a later trade mark shall be inadmissible:
Where
1° Where the proprietor of the earlier trade mark has tolerated, for a period of five consecutive years, the use of the later trade mark with knowledge of such use and for the goods or services for which the use was tolerated, unless the application was made in bad faith;
Where, at the request of the proprietor of the earlier trade mark, the use of the later trade mark has been tolerated for a period of five consecutive years, unless the application was made in bad faith
2° Where, at the request of the proprietor of the later trade mark, the plaintiff in the infringement action on the basis of an earlier trade mark fails to provide the evidence required, as the case may be, by Article L. 716-2-3 or by Article L. 716-2-4.