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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 A trademark claim has been revoked on the grounds of non-use, as the proprietor of that trademark remained passive in response to an offer for sale, failing to demonstrate either its involvement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.
Tuesday, July 16, 2019
Essential oils in courtSubscribers only
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-caseSubscribers only
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 protectionSubscribers only
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 justiceSubscribers only
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?Subscribers only
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 FTCSubscribers only
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...
Tuesday, June 24, 2014
Infringement involving several countries: which judge has jurisdiction?Subscribers only
The question was raised with the Coty Germany v. First Note Perfumes case. Coty Germany, which owns a 3D Community trademark for a perfume bottle, fil...
Wednesday, May 14, 2014
Brèves cosmétiques - "Argane" is not a brand nameSubscribers only
The latest cosmetic news - "Argane" is not a brand - Open Mind on emotions May 20 - ANSM : Report of the 2nd Cosmetic Interface Committee - Essential ...
Wednesday, May 14, 2014
Fragrances and industrial propertySubscribers only
How can a fragrance be protected from counterfeit, unfair competition, and parasitic competition? There is a legal tool for this: industrial property....
Thursday, April 10, 2014
Brief cosmetics - US : L'Occitane sentenced for false advertisingSubscribers only
The latest cosmetic news - US : L'Occitane condemned for misleading advertising - France: the hard battle of the selective network - Proposed anti-tes...
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