A propos de Jean-Philippe BRESSON

Posté par Jean-Philippe BRESSON:

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Distinctiveness of LVMH clasp

Just published is a decision issued on April 9, 2010, by the Paris Court of Instance which upheld the registered mark of LVMH for the clasp shown below to be distinctive. For the Court, that shape is not imposed by the function of the articles it applies to. It even can refer to the V…

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French Courts link level of care to doctor prescription

In the context of a counterfeiting action involving the marks TRICOR and PRICOR, the Court of First Instance of Paris has first stressed that pharmaceutical products with different therapeutic aims remained identical considering these products have the same nature, same overall purpose, same consumers and same distribution channels. This is perfectly in line with the…

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French threat on Design rights for Ink cartridge?

Just published is a decision issued on April 15, 2010, where the Paris Court of Instance upheld that the registered Designs of ink cartridge hold by SEIKO EPSON CORPORATION be invalidated. The Court said that such designs lacked novelty and individual character because, when normally used by the public, they are incorporated into a complex…

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Distinctiveness of bottle surfaces under OHIM standards

The General Court has confirmed in cases T-109/08 and T-110/08 that no registration should be granted to trademarks consisting in the specific aspects of wine bottles because they lacked distinctiveness and were not evidenced as having acquired distinctiveness though use. Spanish company Frexeinet SA had filed for ‘sparkling wines’ in class 33 the trademarks below…

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Winged Creatures can coexist for the General Court

In case T-361/08, the General Court dismissed the opposition based on a figurative trademark depicting a winged creature against another winged creature. The signs were found to produce a different overall impression while the products were regarded as identical. The General Court concurred with previous findings of the Opposition Division and of the Board of…

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Results of latest French TM Attorney exam bring INLEX to 25 TM Attorneys…

This is great news: 5 jurists who attended to the latest session of the Trademark Attorney exam successfully passed! Pictured are (from left to right) Aurélie Guetin, Alexandre Novak, Lucie Dambreville and Charline Mesonero, all working at INLEX head office in Paris. Let’s also congratulate Dauphine De Marion De Glatigny (not pictured), working, in INLEX…

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The meaning of VANIA prevents a confusion for the OHIM

On June 25, 2010, the Opposition Division of the OHIM found the earlier French trademark VANIA (covering ‘woman sanitary products namely: periodic napkins and tampons, periodic panties, pantiliners’ in class 5) and the contested CTM for NAVIA (for ‘sanitary components / products for medical purposes’ in class 5 also) to be dissimilar and gave prevalence…

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