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News:Jurisprudence

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 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 patentSubscribers only

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...

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 limitations, even if the limitation period had already expired before that date.

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 Court regarding the revision of the Urban Waste Water Treatment Directive, challenging the application of the polluter pays principle to the pharmaceutical and cosmetics industries alone. The Court has just ruled that this action is inadmissible.

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 trademarks. But does this mean that distributors can register the trademarks they use? It all depends on the context, as the case reported here shows.
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...
Monday, August 4, 2025
The CJEU upholds the annulment of the classification "carcinogenic" of titanium dioxideSubscribers only
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 productsSubscribers only
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” trademarkSubscribers only
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 banSubscribers only
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 animalsSubscribers only
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...
Monday, February 20, 2023
Titanium dioxide: France's offensive continuesSubscribers only
France wants to continue to defend the classification of titanium dioxide as a suspected carcinogen at European level. The government has just announc...
Thursday, December 15, 2022
CJEU: Advocate General considers that an operator may request amendment of a RAPEX notificationSubscribers only
In her Opinion, communicated by the CJEU (Court of Justice of the European Union), Advocate General Ćapeta argued that economic operators have the rig...
Monday, November 28, 2022
CJEU: the General Court annuls the classification of TiO2 as CMRSubscribers only
On 23 November 2022, the European Court of Justice annulled Commission Delegated Regulation 2020/217 (18th ATP to CLP) with regard to the harmonised c...
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