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Jurisprudence
Counterfeit seizure: the duty of loyalty
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 Code, concerning trade marks) and is regularly reaffirmed by the courts. The counterfeit seizure remains the ‘preferred’ method of proving counterfeiting… provided it is carried out fairly. Further details.
A date of establishment that constitutes consumer deception
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 or likely to mislead the public. The products in question are in the luxury sector, and the trademarks are perceived as falsely claiming a history dating back several centuries.
Company fined for “Ambush Marketing” practices
The French Tennis Federation ensures that its rights as the organizer of the famous Roland Garros tournament are respected and prevents any third party from capitalizing on its reputation for commercial purposes, with the aim of riding on the coattails of this sporting event. Illustration.
Cosmetics trademark infringement in summary proceedings
Cases involving trademark infringement and unfair competition are sometimes handled on an expedited basis, through summary proceedings, primarily to obtain injunctions prohibiting the sale of goods. In this instance, the plaintiff’s claim was denied because the infringement was not sufficiently evident or plausible.
Trademarks upon the expiration of a patent
Under certain conditions, a business operator may obtain cumulative protection for its product through both a patent and a trademark, thereby extending the term of protection for that product. This benefit is contingent upon the operator acting in good faith on the date the trademark is filed. If it is shown that the operator is in fact seeking to obtain undue protection and to circumvent the effe...
Monday, May 11, 2026
Counterfeit seizure: the duty of loyalty
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 deception
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” practices
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 proceedings
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 patent
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 trademarks
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 inadmissible
In March 2025, Cosmetics Europe, along with EFPIA (European Federation of Pharmaceutical Industries and Associations), filed an appeal with the EU Cou...
Wednesday, February 4, 2026
Claiming trademarks registered by a distributor in France
It is not uncommon for trademark owners to enter into distribution agreements with various operators, thereby granting them permission to use those tr...
Monday, January 19, 2026
Illustration of trademark infringement
The decision in question penalizes an operator for illegally registering a trademark that is well known abroad and in a completely different sector, w...
Monday, January 5, 2026
Can a slogan be protected by a trademark?
Slogans are generally marketing tools that can be very powerful in identifying a company and conveying its values or messages in just a few words. Eve...
Monday, December 15, 2025
Conflict between two European Union trademarks
Despite its reputation, Nivea has so far been unable to prevent the Body Minute brand from being registered on a blue background. Insights and explana...
Monday, December 1, 2025
When a company's summary proceedings are dismissed
The dispute pits two competing cosmetics companies against each other before the judge in summary proceedings. Despite the similarities between the pr...
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