Home / Infrigement

PARTAGER

Mitsubishi case: when marketing debranded goods in the EEA constitutes trademark infringement

(C-129/17 Mitsubishi v. Duma Forklifts and G.S. International BVBA – July 25, 2018) Background Duma and GSI have acquired from a company within the Mitsubishi group, outside the EEA, forklift trucks that they bring into EEA territory where they place them under a customs warehousing procedure. They then remove from those goods all the signs identical…

Read more
PARTAGER

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…

Read more
PARTAGER

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,…

Read more
PARTAGER

Google Suggest: complete U-turn of French practice

The Court of First Instance of Paris made a complete U-turn in the French practice with a decision of July 22, 2010 which denied Google’s liability. Omnium Finance had sued Google France and Google Inc for trademark infringement and harm to its company name because internet users searching for ‘OMNIUM’ or ‘OMNIUM FINANCE’ were given…

Read more
PARTAGER

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…

Read more