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.
A designer created a lemon squeezer, which was marketed for several years by a company she founded with her husband, until the company went into liquidation in 2015.
The couple then set up a new company, which took over operations and brought an infringement action against the former manufacturer, who was marketing an identical lemon squeezer under a different name.
The action was based, in particular, on two grounds: the copyright in the lemon squeezer and two trade marks registered by the bankrupt company and subsequently transferred to several owners.
The action was dismissed as inadmissible (Lyon Court of Appeal, 11 June 2026, No. 22/04998).
➡️ A legal person cannot rely on the presumption set out in Article L.113-1 of the CPI to claim the status of author. For its action for infringement to be admissible, it must be shown that the author has assigned the rights.
➡️ In the absence of a formal written assignment, and where no natural person has asserted rights, the legal person infringing the rights is presumed to be the rights holder if it can demonstrate that it is exploiting the work in a genuine, peaceful and unequivocal manner.
➡️ The …
