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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 …

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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 …

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France makes a second step in favor of eBay liability.

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 …

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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 …

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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 …

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Customs proceeding against counterfeiting

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 …

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