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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...
Wednesday, January 22, 2014
Non-compliant labelling: sanctions
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 cosmetics
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 Internet
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?
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?
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 appeals
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 brands
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...
Sunday, October 10, 2010
No champagne designation for a cosmetic!
The French producers have just won the champagne battle by condemning the major cosmetics group Unilever, which had marketed on the Dutch market a sha...
Thursday, October 7, 2010
Schwarzkopf sentenced to compensate a hairdresser suffering from cancer
Tuesday, October 28, 2008
Pierre Fabre: 3 months to sell online
Traditionally, the Pierre Fabre group (Avène, Klorane, A-Derma, Galénic…) refused to sell its products on the Internet and reserved them for the netwo...
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