The geographical indication Basque linen is approved

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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 as those used in the GI PORCELAINE DE LIMOGES case. Geographical indication: main points The INPI (National Institute of Industrial Property) approved the specifications of the geographical indication (GI) LINGE BASQUE and recognized the union of Basque linen […]


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Trademark coexistence agreement: conditions of validity

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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 a coexistence agreement The owner of the trademark LIVIA registered for swimwear and ready-to-wear clothing gives notice to the applicant of the trademark LIVY for lingerie to withdraw its registration. After various exchanges, the parties agree on the coexistence of the two names. The condition […]


The OAPI to protect trademarks in Africa

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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 countries have gone further in the standardization of intellectual property protection on their territories by setting up a very specific organization: the OAPI. What is the OAPI? The African Intellectual Property Organization (OAPI) is an organization created in 1962 by 12 African States. As it […]


Renowned figurative trademark: the Rolling Stones’ emblem assimilated to the rock band

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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 in the European Union. Badges bearing a modified version of the logo with a Breton flag therefore constitute an infringement of the reputed trademark and an infringement of the copyright on this design. The court associated the reputation of the figurative mark with that of […]


The similarity of products of different classes in trademark law

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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 is assessed by taking into account the diversification of the companies. Similarity of goods and services in trademark law In this case, the company Chanel, owner of the trademark GABRIELLE for perfumes and cosmetics in class 3 opposed the registration of a trademark GABRIELLE for […]


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Similarity of signs in trademark law: the SOHO case

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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 of signs assessed in trademark law? An English company registers a semi-figurative trademark THE KING OF SOHO. The company Pernod Ricard opposes the registration on the basis of its earlier word mark SOHO. It uses the mark for various alcoholic products in classes 32 and […]


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Conditions of protection for a PDO: clarification from the CJEU

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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 the Champagne PDO in 2016. This ruling recognizes the possibility of an infringement by evocation caused by signs used on non-comparable products. The CJEU answers in three steps. Conditions of protection of a PDO for services related to the distribution of the product The scope […]


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Infringement action against an influencer

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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 the influencer on social networks An American company Petunia Products is the owner of the trademark BROW BOOST. It markets a mascara for eyebrows under the brand Billion Dollar Brows. A competitor uses the hashtag #BROWBOOST on social networks, especially used by an influencer. The […]


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Defense of appellation champagne in Russia

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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: Russia, the United States, Haiti. © Sergey Novikov – stock.adobe.com Summer 2021, Russia has implemented a wine law that results in prohibiting French exporters benefiting from the appellation champagne to distribute their drink with the inscription “Champagne” translated into Cyrillic. This law of July 2, 2021 obliges them to sell […]


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One trademark, one use, several classes of products?

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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 of trademark law in a recent decision of the European Union Court, relating to MONSTER energy drinks. The principle of the unique imputation of a trademark The MONSTER trademark has been registered for many years to protect, among other things, “coffee-based drinks” in class 30 […]


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