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Exhaustion of trademark rights

Under French practice, a trademark owner is not entitled to prohibit its use in relation to goods which have been put on the market in the European Economic Community or the European Economic Area (EEA) under that mark by said owner or with his consent. However, the owner can oppose any further acts of marketing…

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Threat on unauthorised use

Kenzo Parfums, Lancôme, L’Oreal, Christian Dior Parfums, Yves Saint Laurent Parfums and many other perfumes companies were suing for trademark infringement several natural persons for having offered for sale fragrances shown equivalent to their perfumes.

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Counterfeiting on Ebay

Louis Vuitton and Dior Couture sued the French Ebay for trademark counterfeiting considering auction website is not vigilant as the selling and purchasing of goods marked with their brands via EBay. Based on a study of the biddings offers on a three months period (according to which 90 % of the Dior and Vuitton items…

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Customs watch, strategy and interest

The European Union Customs can be used to disclose counterfeiting goods according to an efficient process that is easy to settle. The owner of a Community Trademark must send to the Customs of its country an “intervention petition”. This petition must detail the main information concerning the authentic goods, the current type of possible counterfeiting,…

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Copyright infrigement and on-line access

On June 22, 2007, the First Instance Court of Paris ruled that MYSPACE was liable for copyright infringement of the videos of the French comedian Mr. Jean-Yves Lafesse by the unauthorized broadcasting of his work. The main legal point of the proceeding was about the real role of the website: was it just a hosting…

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Savoir …attaquer !

Le titulaire d’une marque SAVOIR MAIGRIR déposée en decembre 2001 pour des magazines et la société exploitante du magazine SAVOIR MAIGRIR ont assigné une société d’édition qui publiait en 2005, un livre intitulé SAVOIR MAIGRIR.

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Comité National contre les Maladies Respiratoires et la Tuberculose(CNMRT) VS/ JT International and Japan Tobacco

FRENCH HIGH COURT ( Cour de Cassation, 2ndCiv. Chamber)19 october 2006 : Comité National contre les Maladies Respiratoires et la Tuberculose(CNMRT) versus /JT International and Japan Tobacco A recent judgement of the Court of 1st Instance of Lille (TGI) of May 3rd, 2007 drew my attention. One company was suing another one for counterfeiting acts…

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