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It is a known fact that trademark counterfeiting is used for business purposes.
When this type of use does not exist, it casts doubt on the validity of infringement action. This was the conclusion of the French Supreme Court on 10 May in the FGCEN/FSESN case (appeal no. 10-18173): the FGCEN, owner of the La Basoche trademark in class 16 … Read the rest
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 trends are developing with … Read the rest
After the decision of July 20, 2010, of the Court of Appeal of Reims, it was the turn to the Court of Paris to held eBay liability on September 3rd, 2010 in three proceedings engaged by Louis Vuitton Malletier and several companies belonging to that group.
The proceedings were initiated in 2006 and aimed at stopping that eBay … Read the rest
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, eBay had not set up … Read the rest
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 the suggestions ‘Omnium Finance arnaque’ … Read the rest
Following the decision of the ECJ issued on March 23, 2010, the French Supreme Court has ruled on July 13, 2010, in four cases, that Google’s AdWords system did not infringe the trademarks of plaintiffs Louis Vuitton, CNRRH, GIFAM and Viaticum by selling them as keywords and displaying advertisements.
The Supreme Court confirmed the ECJ’s finding that a trademark owner … Read the rest
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 trademark infringement because of the … Read the rest
The CJEC is questioned on the extent of prohibition measures of a national Court against a Community trademark
In the context of a French proceeding involving DHL against CHRONOPOST, the Court of First Instance and then the Court of Appeal both upheld trademark counterfeiting, prohibited the pursuing of the infringing acts and submitted this prohibition to a penalty.
With the wake of expansion of the EU 25 countries on May 1st 2004, which considerably expanded the borders with risky countries, the new Regulation has been adopted on border controls on counterfeit and pirated goods.
In the wake of the expansion of the 25 EU countries on May 1st 2004, which considerably extended the borders with risky countries, a … Read the rest