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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 A trademark claim has been revoked on the grounds of non-use, as the proprietor of that trademark remained passive in response to an offer for sale, failing to demonstrate either its involvement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.