On June 20, 1989, the Le Coq Sportif (i.e. the sportive cock) Company filed a figurative mark which represents a stylized cock within a triangle. This mark designates particularly clothes.On September 12, 1995, the Pathé...[more]

Category: MFR


The use of a sign does not give any trademark right

The facts : The English Company WIGGINS TEAPE Ltd, is titular of the word mark "CONQUEROR" as well as of the complex mark composed by the word "CONQUEROR" and by the representation of a knight, in a warlike position,...[more]

Category: MFR


Oceanet : a mark cancelled by an ealier use on Internet

For the first time in France, a Court of First Instance has canceled a registered mark because it was anteriorized by a web site.[more]

Category: MFR


Asking for a provisional prohibition according to the French Trademark Law (Art. L. 716-6)

In the infringement action proceeding, according to Article L. 716-6 of the French Trademark Law, one may ask for a "provisional prohibition against the continuation of the allegedly infringing acts, subject to a daily fine".[more]

Category: MFR

17.08.1999 proceeds against

The famous internet bookstore has instituted proceedings against the owner of the site, which presents itself as the "Greece's Biggest Bookstore". Two lawsuits are instituted, one in the United States, the...[more]

Category: MFR


Two decisions concerning Domain Names

The idea of the internet being a land-without-no-law is more and more inconsistent. Two recent decisions from the First Instance Court of Paris show that rules, such as speciality of goods and/or services, are applied to judge...[more]

Category: MFR


About Windows trademark notoriety

AG Communication Systems Corporation v. Microsoft Corporation (Court of Appeal of Paris - 18/12/98) [more]

Category: MFR


Parallel imports

According to Art. L 713-4 (1) of the Intellectual Property Law, the right conferred by a mark shall not entitle an owner to prohibit its use in relation to goods which have been put on the market in the European Economic...[more]

Category: MFR


Champagne !

According to Art. L 115-1 of the Consumption Law, an Origin Appellation is constituted by the denomination of a country, a district or a locality designating a product which comes therefrom and of which the quality or the...[more]

Category: MFR


French internal priority - Art. L.612-3

When filing a patent application in France, it is possible to request the priority date of a prior french application, for the common elements, providing that : - the two applications are filed by the same inventor ; and -...[more]

Category: BFR


Use of a trademark to indicate the destination (L 713-6b) : Gillette

L 713-6 : Registration of a mark shall not prevent use of the same sign or a similar sign as the necessary reference to state the intended purpose of the product or service, in particular as an accessory or spare part, provided...[more]

Category: MFR


Free Circulation of Goods : "Silhouette"

Directive 89/104/EEC - Art. 7 [more]

Category: MFR, MEM


First / First Lady

The society "Parfums Van Cleef et Arpels" titular of the trademark "First" for class 3 products, sued for infringment the society "Succès de Paris", titular of the trademark "First Lady" for class 3 products. [more]

Category: MFR


Methods for treatment of the human or animal body are unpatentable

According to Article L-611-10 of the Intellectual Property Code, "Inventions which are susceptible of industrial application, which are new and which involve an inventive step shall be patentable". According to Article L-611-16,...[more]

Category: BFR


About the moment when it is certain that a French patent or certificate of utility (or French part of a European patent) has lapsed by non-payment of an annual fee

The due date for the payment of an annual fee is the end of the month comprising the anniversary of the filing date, even if the patent or certificate of utility has not yet been granted. The first annual fee to be paid is the...[more]

Category: BFR


Protection in France by Copyright Law of an ornamental design created and disclosed abroad by a foreign person or company - Berne Convention

Ornamental designs can be protected in France not only by the Design Law (which requires filing) but also by the Copyright Law - Literary and Artistic Property Law (not requiring any filing). [more]

Category: DFR


Bringing French patent infringement proceedings : how to obtain an interim injunction ?

Is it easy to obtain an interim injunction ? If you can show that the infringement falls within the claims, will the court automatically grant an interim injunction ? Alternatively, will the Court also investigate other issues,...[more]

Category: BFR

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