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TRADEMARK USE IN BUSINESS AND COUNTERFEITING – BE CAREFUL HOW YOU VIEW THEM!

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

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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 trends are developing with … Read the rest

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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 the suggestions ‘Omnium Finance arnaque’ … Read the rest

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Google AdWords: French Supreme Court position after ECJ’s findings

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

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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 trademark infringement because of the … Read the rest