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 geographical indications. In the GI LINGE BASQUE, it applied the same principles […]
Trademark coexistence agreement: conditions of validity
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 of letters. Legal nature of […]
The OAPI to protect trademarks in Africa
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 regional groupings. Thus, some African […]
Renowned figurative trademark: the Rolling Stones’ emblem assimilated to the rock band
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 logo is a reputed trademark […]
The similarity of products of different classes in trademark law
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 of products of different classes […]
Similarity of signs in trademark law: the SOHO case
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 goods? How is the similarity […]
Conditions of protection for a PDO: clarification from the CJEU
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 for a preliminary ruling on […]
Infringement action against an influencer
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 against an influencer. Role of […]
Defense of appellation champagne 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: Russia, the United States, Haiti. Summer 2021, Russia has implemented a wine law […]
One trademark, one use, several classes of products?
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. All the subtlety and complexity […]