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 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 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 […]