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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, November 17, 2025
Damage to the reputation of OMV brands by OMV! By Vagisil
The Court of Justice of the European Union (CJEU) rules on the damage to the reputation of the OMV brands and finds that such damage has been caused. ...
Monday, November 3, 2025
A brand licensed implicitly—it's possible!
The Paris Court of Justice recognised the existence of an implied trademark licence between two companies even though the licence agreement had never ...
Monday, October 20, 2025
No risk of confusion between "LIQUIDES IMAGINAIRES" and "COURREGES COLOGNES IMAGINAIRES"
LIQUIDES IMAGINAIRES, a company specializing in high-end perfumes, has sued COURRÈGES PARFUMS and COURRÈGES DISTRIBUTION, subsidiaries of the COURRÈGE...
Monday, October 6, 2025
Unfair competition and trademark infringement of the Hydrafacial brand
Hydrafacial successfully defended its trademarks in court and obtained a ruling against a beauty salon that had been reproducing them without permissi...
Monday, September 22, 2025
Unfair competition and customer poaching by a former employee
Does using the trade name and flagship product of a competitor when you are a former employee fall under the freedom of trade and industry? No, accord...
Monday, September 8, 2025
Infringement of renowned trademarks Azzaro
The reputation of the Azzaro perfume brands owned by L’Oréal enabled it to successfully oppose the unauthorized use of these brands to promote a range...
Monday, August 25, 2025
No summary judgment for Filorga jars
It is possible to take summary proceedings to report acts of copyright infringement and acts of unfair or parasitic competition, provided that the inf...
Monday, August 4, 2025
The CJEU upholds the annulment of the classification "carcinogenic" of titanium dioxide
On August 1, 2025, the Court of Justice of the European Union upheld the 2022 judgment of the General Court and the annulment of the classification of...
Tuesday, July 15, 2025
Scope of trademark use limited to certain products
Is the use of a trademark for “cosmeto-textiles” and essential oil mists equivalent to the use of this trademark for essential oils and cosmetics? The...
Monday, June 16, 2025
Lapse for non-use of the “Parfums Lanselle” trademark
Sylvie Benoliel-Claux, a lawyer at the Paris Bar, analyses for CosmeticOBS legal cases of interest to the cosmetics industry, focusing on trademark an...
Monday, June 17, 2024
"Biodegradable" claim: the French Conseil d'État confirms the ban
In a decision dated 31 May 2024, the French Conseil d’État rejected the application by the Federation of Hygiene and Responsible Care and the FEBEA to...
Monday, November 27, 2023
Court of the CJEU: cosmetic ingredients may be tested on animals
The decision had been eagerly awaited by the cosmetics industry, animal welfare groups and even the European Commission, which had put on hold the exa...
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