The geographical indication Basque linen is approved A geographical indication (GI) is protected without requiring that the raw materials come from the geographical area. The protection is based on specific know-how and a reputation for quality. The Bordeaux Court of Appeals follows the line of the Court of Cassation on…

Trademark coexistence agreement: conditions of validity The Paris Court of Appeal has ruled on the respect of a coexistence agreement between trademarks. Such an agreement has the value of a transaction within the meaning of article 2044 of the Civil Code, even if it is formalized by a simple exchange…

The OAPI to protect trademarks in Africa Trademark law is governed by the principle of territoriality: one country, one trademark right. The more companies orient their commercial activities internationally, the greater the need for protection. In addition to mechanisms such as the Madrid system of international trademarks (WIPO), there are…

Renowned figurative trademark: the Rolling Stones’ emblem assimilated to the rock band The logo in the shape of a red mouth sticking out its tongue of the group Rolling Stones is examined by the judicial court of Paris. In a decision dated February 25, 2021, the court accepts that this…

The similarity of products of different classes in trademark law The classification of trademarks has an administrative scope and serves to organize the filing of the trademark. The Court of Appeal of Aix-en-Provence recalled that clothing (class 25) could be considered similar to perfumes and cosmetics (class 3). The similarity…

Similarity of signs in trademark law: the SOHO case The European Court of Justice has considered the distinctive character of the term SOHO. Can this name given to a district of London and New York constitute a valid trademark for alcoholic beverages? Does it necessarily indicate the origin of the…

Conditions of protection for a PDO: clarification from the CJEU The CJEU (Court of Justice of the European Union) issued an important decision on the conditions for protection of a PDO (protected designation of origin) on September 9, 2021. The Spanish Supreme Court had referred 4 questions to the CJEU…

Infringement action against an influencer Influencers have become more professional since their beginnings. Influencer and advertising agencies have enacted codes of conduct to reassure brands and ensure transparency. However, there are still litigious situations. In the United States, a company took action for trademark infringement against a competitor but also…

The defense of the Champagne appellation in Russia A new Russian law forces French exporters to sell their products under the Cyrillic inscription “sparkling wine”. For more than 20 years now, France has been fighting for the defense of the Champagne appellation in countries that still refuse to recognize it:…

One trademark, one use, several classes of products? The Nice Classification is used to organize the filing of a trademark for various goods and services. As a matter of principle, a single product is assigned to a single class. As an exception, only some products can belong to several classes.…

Protection of PDO Gruyère and PGI by trademark law in the United States The protection of protected designation of origine (PDO is often a source of complexity at the international level. The example of Gruyère cheese illustrates these difficulties perfectly. The French (defending the PGI Gruyère) and Swiss (defending the PDO…

The Leaders League / Décideurs rating agency establishes the ranking of the best experts in 50 countries. For 20 years, this site has distinguished the best intellectual property law firms in France. In 2021, De Baecque Bellec is one of the best law firms in art law and trademark law.…

The following contains a selection of recent judicial decisions regarding the consignment of art works which are of practical importance to participants in the French art market. It should be noted that, under Civil law, the consignment of a work is precisely regulated by the Civil Code as a “Contrat…

French courts have become more restrictive on granting copyright protection. This is the case for photographs of works of arts and zinc plates used to produce lithographs. As a consequence, these works can be freely used or sold on the art market. 1. Lack of protection for photographs that are faithful…

The Paris High Court has ordered Internet search engines including Google, Microsoft and Yahoo to remove links to 16 video streaming sites from their search results. The decision brings an end to a two-year court battle launched by the Association des Producteurs de Cinema, which represents 120 film production companies, the film…

Law Firm Website – Legal Notices   Website publisher The DEBAECQUE-AVOCATS.COM website is published by the firm DE BAECQUE BELLEC, doing business as an association of attorneys and having its registered office at 3 rue du Louvre, 75001 Paris, tel. 01 53 29 90 00, fax 01 53 29 90…

The French cultural and communications ministry was urged on Monday to scrap Hadopi, the government agency responsible for a three-strike anti-piracy system. Businessman Pierre Lescure, who has led a consultation on updating French cultural policy since last year, recommended transferring Hadopi’s powers to the Higher Audiovisual Council (CSA), France’s broadcasting…

WorldIPReview.com, 5 février 2013 Google has created a €60 million ‘digital publishing innovation’ fund for French newspapers, ending a six-month dispute over the use of their copyrighted material online. The fund is part of a deal Google’s chairman Eric Schmidt and French president François Hollande signed on Friday. The deal…

de Baecque Law Firm regularly counsels its clients in all legal issues related to trademarks. The firm’s specificity is to have a department dedicated solely to the filing of trademarks and domain names in France and abroad. Hence, the firm provides its clients with a single interlocutor for management of…

de Baecque Law Firm has developed expertise in fashion, luxury products and design for manufactures, publishers and creators. Protection of rights and creations: constitution of “creation books”, monitoring of the filing of tradedress and trademarks. Exploitation of rights: Drafting and negotiation of contracts for assignment of copyrights between creators and…

de Baecque Law Firm counsels radio and audiovisual broadcasters with respect to the CSA regulations (i.e. the public authority controlling broadcasting rights). Advertising regulations, production and broadcast quotas, prohibition measures, protection of minors, “must carry”, etc. de Baecque Law Firm also counsels international radio, audiovisual broadcasters and network operators in…

de Baecque Law Firm regularly counsels on-line traders, content publishers, advertising agencies and search engines in all legal matters relating to new technologies. Personal Data protection, content regulation, on-line commerce. Internet site compliance including the protection of personal data, the use of promotional links, cookies, and banners; domain name registration…

de Baecque Law Firm participates in all stages of advertising campaigns, for advertising agencies, producers, media, advertisement departments (online and on traditional medias), web agencies and advertisers. The firm has developed particular skills in audiovisual and online advertising. Negotiation and drafting of contracts for assignments of rights of actors, ancillary…

de Baecque Law Firm is one of the rare French law firms that regularly practices art law. The firm has extensive knowledge of the French art markets. The firm offers practical and concrete legal advice to art galleries, antique dealers, experts, auction companies, artists, individuals and institutions such as insurers,…

Dalloz n° 40, 17 novembre 2011, p. 2749 et ss.