FREN

Forgot your password ?

New user? Create an account
DemoSubscribe
Your personalized regulatory consulting
News
All articles
Sector
3 questions to...
Authorities
Congresses
Jurisprudence
Publications
Agenda

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 A trademark claim has been revoked on the grounds of non-use, as the proprietor of that trademark remained passive in response to an offer for sale, failing to demonstrate either its involvement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.
Wednesday, February 4, 2026
Claiming trademarks registered by a distributor in FranceSubscribers only
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 infringementSubscribers only
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?Subscribers only
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 trademarksSubscribers only
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 dismissedSubscribers only
The dispute pits two competing cosmetics companies against each other before the judge in summary proceedings. Despite the similarities between the pr...
Monday, November 17, 2025
Damage to the reputation of OMV brands by OMV! By VagisilSubscribers only
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!Subscribers only
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"Subscribers only
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 brandSubscribers only
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 employeeSubscribers only
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 AzzaroSubscribers only
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 jarsSubscribers only
It is possible to take summary proceedings to report acts of copyright infringement and acts of unfair or parasitic competition, provided that the inf...
Previous page
Next page