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The Rubiks Cube trademark is fully distinctive



The creator of the well-known game Rubiks Cube, and his licensing company sued for counterfeiting acts a French company on the basis of their community three-dimensional trademark representing the famous cube.

The defendant tried to obtain the cancellation of the mark arguing on one hand that the shape of the game could not be dissociated from its technical … Read the rest

similarity of clothing and eyeglass

On December 2nd, 2005, the Paris Court of Appeal considered that clothing and eyeglasses should be regarded as similar products.For the French Judge, eyeglasses have become fashion and clothes accessories.
The diversification policy of fashion houses reflects this situation. DIOR for instance systematically offers for sell accessories including eyeglasses together with their luxury products collections. This decision overextends the similarity … Read the rest


The European Court of First Instance denied the risk of confusion between the word marks ECHINACIN and ECHINAID for nutritional supplements in class 5.
The decision states that consumers who are interested by such products pay more attention to them and are therefore supposed to have a higher degree of information and attention. As a consequence, consumers can,(enlever la virgule) … Read the rest

The success of the .eu

On May 24, 2006, 1 807 686 European domain names were reported among which 346 218 in the sunrise period. Germany is at the first position with 585 085 domain names. Last position is for French Guyana with only 6. France holds the fifth position. Will the .countries of European union will leave their place to .eu ?


 … Read the rest


Beer bottle with special glass effect

On May 10, 2006, the High Court cancelled the Fishers trademark constituted of the shape of a beer bottle.

The judge refused to recognize distinctiveness to the bottle whose characteristics are its long neck and a frosty surface.

It was in fact considered that those elements, taken separately or altogether, are currently used in the market and thus deprived of … Read the rest


Use of a mark under a modified form

For the Board of Appeal, the use of the word mark VITAL under the form VIT’ALL is altering the distinctive character of the mark : the addition of the second L letter and the separation of the word VITAL in two portions creates a new visual impression which is reinforced by the  + ending (Decision dated March 7, 2006).… Read the rest

Legitimacy of an action brought by the trademark assignor against the assignee

On January 31, 2006, the French High Court ruled that famous top model and stylist Inès de La Fressange was not grounded to bring a cancellation action for non use against her trademark assignee.

For the Judges, she had no legitimate interest in the action for the Judges and her action was contrary to the legal warranty against dispossession.

This … Read the rest


INLEX FILES : First worldwide case of cancellation for color trademark which became common !


 On March 23, 2006, the Court of Appeal of Lyon ordered the cancellation of the pink color trademark of CANDIA considering that the pink color has now become common for milk products. The concerned trademark was regarded as an insufficient variation of that pink color for enabling the average consumers to distinguish the CANDIA products from those of other … Read the rest


It smells !

On January 25, 2006, the Paris Court of Appeal held that perfumes are eligible to copyright protection.

For the Judges, perfumes can be identified through their smell architecture, and their unusual combination of essences, performed in very specific combinations, may show the creative work of their author. Several perfume companies sued BELLURE NV for, inter alia, copyright infringement because of … Read the rest