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Jurisprudence
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...
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 limitations, even if the limitation period had already expired before that date.
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 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 France
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.
Tuesday, July 12, 2022
Cosmetics having the appearance of foodstuffs: a CJEU judgment
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 mark
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 solutions
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 trademarks
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...
Tuesday, July 16, 2019
Essential oils in court
The determination of the status of products containing essential oils is often quite delicate, but particularly important because it determines the re...
Wednesday, May 10, 2017
US: Johnson & Johnson once again sentenced in a cancer-case linked to the use of talc
On May 4, a Missouri jury has ordered Johnson & Johnson and Imery's Talc to pay $110.5 million to a Virginia woman who developed ovarian cancer fo...
Wednesday, September 28, 2016
Cosmetics: no tests on animals from elsewhere
The issue was raised by the EFfCI (European Federation for Cosmetic Ingredients), which wanted to recognition of the right to market in Europe product...
Thursday, February 25, 2016
US: Johnson & Johnson sentenced in a cancer-case
A jury in the US state of Missouri has ordered the cosmetic company Johnson & Johnson to pay $72 million (€65 million) to the family of a woman wh...
Monday, October 12, 2015
Trademark: the best practice of protection
It is essential for brands to protect their trademark – even fundamental. Which one should they choose? What should they pay attention to when filing ...
Thursday, October 1, 2015
Equivalenza charged with counterfeiting by French justice
As a follow-up to the case it filed against the Equivalenza Chain, which sells perfume using of the correlation tables, FEBEA announces that the Spani...
Wednesday, April 8, 2015
Obligation to advise/to inform: how far should subcontractors go?
Obligation to advise, obligation to inform, obligation to research, obligation to inspect, to uphold the standards of professional practice, to act in...
Wednesday, July 2, 2014
Cosmetic short news - Anti-ageing claims: L'Oreal reaches settlement with US FTC
Latest cosmetics news in brief - Anti-ageing claims: L'Oreal reaches settlement with US FTC - Nanos: the FDA Guidance - Avon to cut 600 jobs - L'Oreal...
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