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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 A trademark claim has been revoked on the grounds of non-use, as the proprietor of that trademark remained passive in response to an offer for sale, failing to demonstrate either its involvement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, 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...
Tuesday, July 12, 2022
Cosmetics having the appearance of foodstuffs: a CJEU judgmentSubscribers only
In a recent Judgment, the CJEU (Court of Justice of the European Union) ruled in favour of the Lithuanian national authorities, who had ordered the wi...
Tuesday, July 20, 2021
The shape of a lipstick can be a markSubscribers only
The General Court of the European Union ruled in favor of Guerlain against the EUIPO (European Union Intellectual Property Office) and held that a thr...
Thursday, April 1, 2021
6 months in prison for non-compliant hydroalcoholic solutionsSubscribers only
Since the first half of 2020, the DGCCRF has continued its action to ensure the effectiveness and safety of hydroalcoholic solutions and gels placed o...
Thursday, November 12, 2020
Cosmetics and trademark law: new procedures to defend your trademarksSubscribers only
Brands are of paramount importance for economic players in the cosmetics sector. Used to identify the origin of a product and link it to a specific co...
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