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 […]
Protection of “Gruyère” PDO 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 Gruyère) unions are confronted with American protectionism. The intertwining of trademark law and the protection of PDOs and […]
Ranking of the best law firms in France
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. Olivier de Baecque is distinguished […]
Recent Decisions and Developments in FRENCH ART LAW (Part 1)
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 de dépôt”. In that context, […]
Recent Decisions and Developments in FRENCH ART LAW (Part 2)
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 reproductions of sculptures (Court of Appeal […]