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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, February 20, 2023
Titanium dioxide: France's offensive continues
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 notification
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 CMR
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 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 ...
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