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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 A trademark claim has been revoked on the grounds of non-use, as the proprietor of that trademark remained passive in response to an offer for sale, failing to demonstrate either its involvement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, April 1, 2014
Legal protection: cosmetic packaging and its commercial functionSubscribers only
The different functions of packaging correspond to different modes of legal protection. If we consider it under its commercial function, it is to ensu...
Tuesday, April 1, 2014
Cosmetic packaging: which method of legal protection to choose?Subscribers only
Tuesday, March 25, 2014
Legal protection: cosmetic packaging and its seductive functionSubscribers only
The different functions of packaging correspond to different modes of legal protection. If we consider it under its seductive function, it is a questi...
Wednesday, March 19, 2014
What legal protection for cosmetic packaging?Subscribers only
Primary or secondary, with technical, seductive and commercial functions… cosmetic packaging involves several professions and represents significant i...
Wednesday, March 19, 2014
Legal protection: cosmetic packaging and its technical functionSubscribers only
The different functions of packaging correspond to different modes of legal protection. If we consider it under its technical function, it is to ensur...
Wednesday, January 22, 2014
Non-compliant labelling: sanctionsSubscribers only
Regulatory obligations… associated legal sanctions. Who, in France, can carry out a compliance survey of cosmetic product labels? What criminal sancti...
Wednesday, January 8, 2014
The new "Safety Package" and cosmeticsSubscribers only
The regulatory framework is an ever-changing field. And as if the rules specifically provided for cosmetic products were not enough, other texts also ...
Friday, February 1, 2013
Pierre Fabre cosmetics on the InternetSubscribers only
The legal fight has lasted for years, and has been studied by several French and European courts. It brought into conflict the cosmetics distributors ...
Thursday, October 13, 2011
Sales on the Internet: to a specific exemption for Laboratoires Pierre Fabre?Subscribers only
The terms of the judgment by the Court of Justice of the European Union allow Laboratoires Pierre Fabre to argue for an individual exemption to prohib...
Tuesday, March 15, 2011
Pierre Fabre cosmetic products soon on the Internet?Subscribers only
The case has been longing for years. It divides the dermocosmetic group Pierre Fabre, which wants to continue selling its products (Avene, Klorane, Ga...
Friday, January 21, 2011
Argane : Pierre Fabre appealsSubscribers only
On January 5, CosmeticOBS-L'Observatoire des Cosmétiques echoed the decision of the Tribunal de Grande Instance of Paris acting that the word "Argane"...
Wednesday, January 5, 2011
Argan and Argane ... are not cosmetic brandsSubscribers only
No, "Argane" is not a brand, but the other common name of the argan, and therefore can not be registered for an exclusive use. At least it's the judgm...
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