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The growing threat against Industrial Property ̶ what is Commissioner Barnier doing about it?

As a lawyer specialized in the area of IP, I often wonder if European governance is heading towards the abandonment intellectual property rights protection. More and more, the monopoly accorded by trademark law is coming under threat as a result of comparative advertising, the authorization of parody, the limitation imposed on defining counterfeit, etc. Other…

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France: eBay liability steps forward

On July 20, 2010, the Court of Appeal of Reims confirmed the findings of the First Instance Court which ruled that eBay companies and a seller of fake Hermès bags on www.ebay.fr had infringed the marks of Hermès International. The Court said that, when the fake Hermès bags sold in 2006 on the auction site,…

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eBay: Act IV in the battle of LVMH

First Instance Court just upheld last Thursday (Feb 11, 2010) in favor of LVMH, granting them damages of 200.000 €. The circumstances of the matter are indeed quite similar with those of the earlier ruling of September 18, 2009. In the decision of September, several companies of the Louis Vuitton Group which sued eBay for…

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