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News:Jurisprudence

A case where an infringement claim is inadmissibleSubscribers only

A claim for infringement based on a breach of copyright and trade mark rights requires the claimant to prove that they are indeed the exclusive and undisputed owner of the rights in question. They must therefore demonstrate their standing for their infringement claims to be considered by the court and for their loss to be compensated. If they fail to do so, their claim will be declared inadmissible. Illustration.

Revocation of a trade mark for lack of useSubscribers only

The sale of perfumes and cosmetics on second-hand platforms (such as Vinted or Etsy) does not constitute genuine use of the trade mark under which these products are sold. A trademark claim has been revoked on the grounds of non-use, as the proprietor of that trademark remained passive in response to an offer for sale, failing to demonstrate either its involvement in or authorisation of these sale...

When cosmetics and copyright don't mixSubscribers only

No copyright was recognized for a freelance illustrator who had created illustrations intended for use on the packaging of a cosmetic company’s spray product. The lack of originality in these illustrations, the absence of contractual liability, and the absence of fraud are at the heart of this ruling.

Copyright: can a display stand be “original”?Subscribers only

A work of the mind is eligible for copyright protection provided it is “original”, that is to say, bears the imprint of its author’s personality. This criterion remains difficult for trial judges to define, and the Court of Cassation is providing guidance here by applying criteria derived from European law and recently reiterated by the Court of Justice of the European Union.

Damage to a brand’s reputationSubscribers only

A recent ruling by the Paris Court of Appeal illustrates how well-known trade marks can benefit from extended protection and oppose third-party trade marks, provided that they can demonstrate not only their reputation, but also the association that the relevant public will make with those trade marks and the dilution that this is likely to cause in their minds.
Monday, July 20, 2026
A case where an infringement claim is inadmissibleSubscribers only
A claim for infringement based on a breach of copyright and trade mark rights requires the claimant to prove that they are indeed the exclusive and un...
Monday, July 6, 2026
Revocation of a trade mark for lack of useSubscribers only
The sale of perfumes and cosmetics on second-hand platforms (such as Vinted or Etsy) does not constitute genuine use of the trade mark under which the...
Monday, June 22, 2026
When cosmetics and copyright don't mixSubscribers only
No copyright was recognized for a freelance illustrator who had created illustrations intended for use on the packaging of a cosmetic company’s spray ...
Monday, June 8, 2026
Copyright: can a display stand be “original”?Subscribers only
A work of the mind is eligible for copyright protection provided it is “original”, that is to say, bears the imprint of its author’s personality. This...
Tuesday, May 26, 2026
Damage to a brand’s reputationSubscribers only
A recent ruling by the Paris Court of Appeal illustrates how well-known trade marks can benefit from extended protection and oppose third-party trade ...
Monday, May 11, 2026
Counterfeit seizure: the duty of loyaltySubscribers only
Counterfeiting may be proven by any means. This principle is enshrined in various articles of the Intellectual Property Code (Article L716-4-7 of the ...
Monday, April 27, 2026
A date of establishment that constitutes consumer deceptionSubscribers only
In a ruling dated March 26, 2026, the Court of Justice of the European Union ruled on the criteria for determining whether a trademark is misleading o...
Monday, April 13, 2026
Company fined for “Ambush Marketing” practicesSubscribers only
The French Tennis Federation ensures that its rights as the organizer of the famous Roland Garros tournament are respected and prevents any third part...
Monday, March 30, 2026
Cosmetics trademark infringement in summary proceedingsSubscribers only
Cases involving trademark infringement and unfair competition are sometimes handled on an expedited basis, through summary proceedings, primarily to o...
Tuesday, March 17, 2026
Trademarks upon the expiration of a patentSubscribers only
Under certain conditions, a business operator may obtain cumulative protection for its product through both a patent and a trademark, thereby extendin...
Monday, March 2, 2026
Prescription and invalidity of trademarksSubscribers only
The action for invalidity of a trademark in force on May 24, 2019, the date of entry into force of the Pacte Law, is not subject to any statute of lim...
Monday, February 23, 2026
Urban wastewater treatment: Cosmetics Europe's appeal dismissed as inadmissibleSubscribers only
In March 2025, Cosmetics Europe, along with EFPIA (European Federation of Pharmaceutical Industries and Associations), filed an appeal with the EU Cou...
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