The value of domain names
A "domain name" may be seen as an Internet address which points to a particular website on the internet. Typically, it has three elements: a prefix, an extension and a ‘name’ which may be a word or a combination of lette...
The Cloud in the era of GDPR or GDPR in the era of the Cloud?
The phenomenon of the digitization of information systems has been a necessary or even mandatory development. It is both a vector of competitiveness and modernity, but it should also be considered to be an area of risk. The use of...
Compensation for damage caused by infringement of intellectual property rights
Many rights are conferred on the owner of a trademark, patent, copyright or design. Nevertheless, it is essential for the rights holder to have an effective remedy if his rights are violated, to obtain compensation for the harm su...
Popular misconception on counterfeiting
Counterfeiting is a widespread practice in our modern society in many areas. It affects everyday products and constitutes a crime under the French Intellectual Property Code. Nevertheless, many consumers close their eyes to this i...
A certificate to protect recipes and culinary creations
To the delight of our taste buds, flavors and gourmet creations are part of our daily lives, but from a legal perspective, the situation is more delicate and the flavor more bitter. Indeed, there is a consensus on the need to prot...
“Karawan” and “Caravan”: sign used as a reference, potential trademark infringement.
According to the judgment “Société Roche Bobois Groupe v. Société Caravane” of 23 January 2019, n° 17-18693, the French Cour de cassation held that a sign used to reference a piece of furniture may constitute a trademark ...
Conflict between trademark and plant variety
In the decision of June 18, 2019, the General Court of Justice of the European Union applied Article 7, paragraph 1, m) of Regulation No. 2017/1001, which prohibits the registration of trademarks that consist of “an earlier plan...
How is counterfeiting really characterized?
For the average consumer, a counterfeit is just a copy of an original product. Hence, there are many misconceptions attached to this term, such as “this is not a counterfeit because the trademark is not reproduced on the product...
McDonald’s “Big Mac” trademark revoked?
An American fast food chain McDonald's risks having its trademark "Big Mac" removed by the EUIPO (European Union Intellectual Property Office), after a legal confrontation with a small Irish chain called Supermac. In fact, Supe...
Branded product : a strategic asset to boost its brands
In September 2018 the Elysée Palace announced the launch of an official online store that sells branded products related to the palace and its history. Widely used by private companies, the marketing technique is now being adopte...