The house mark is a concept from the field of marketing that has been appropriated by trademark law. +

Esport is defined as “the competitive practice of multiplayer video games, within the framework of online leagues or competitions or physical events, essentially between professional players”. +

Many athletes benefit from brand protection that allows them to effectively combat opportunism and significantly increase their visibility. +

…or how to make the most of the latest mandatory statements to clarify the image of your wine and ensure its protection. +

On 6 December 2023, the General Court of the European Union dismissed two invalidity actions brought by BB Services GmbH against two three-dimensional trademarks relating to toy figures, on the grounds that their shapes are not exclusively dictated by the nature of the product itself or by a shape necessary to obtain a technical result (General Court of the European Union judgements T-297/22 and T-298/22). +

Lavoix presents a review of pharmaceutical trademark and design decisions handed down by French and European Union courts. +

Often commented on, the FREE v. FREE SBE decision (Paris Court of Appeal – Pôle 05 ch. 02, January 14, 2022 / n° 20/05019, S. A.S. FREE/S. A.S. FREE SBE) raises the question of the starting point of the period of limitation in consequence of acquiescence. +

The Paris Court of Appeal recognizes the validity of a clause transferring copyright of an assignment clause in an employment contract. +

Trademark registration confers on its owner a right of ownership over this trademark for the goods or services covered by it (article L.713-1 of the French Intellectual Property Code – IP Code), which notably includes the right to prohibit its use in the course of trade. +

The decision of the General Court of European Union (December 7, 2022, T-623/21, EU:T:2022:776, Puma SE / EUIPO – Vaillant GmbH) has been widely commented by the IP community. +

On 8 February 2023, the New York Court found the American artist Mason Rothschild guilty of counterfeit and dilution of the registered trademark BIRKIN for marketing under the name “MetaBirkins” NFTs representing faux-fur-covered handbags whose shape was inspired by the iconic Birkin bag from Hermès. +

The INPI recognizes an infringement of the Protected Geographical Indication COGNAC by a trademark claiming eaux de vie benefiting from the geographical indication "Cognac". The COGNAC appellation is protected as a Protected Geographical Indication (PGI) at the European level. The use of the COGNAC appellation is therefore regulated so that only spirits produced within a delimited production area and respecting the particular conditions of production as to the method of production, ageing and alcoholic strength defined by the specifications attached to this PGI, can benefit from it. On November 3, 2021, the company COGNAPEA filed an application for the +

The Metaverse is a new place of exchange, not only for playful activities but also for commercial ones. Brands and products known on the traditional markets are offered to Metaverse users. A new trend is to use the Metaverse as a base for launching new products, in particular through a NFT (Non Fungible Token) which represents the virtual image of a product offered for sale on the traditional market. Thus, the purchaser of a NFT representing the image of a product, will be able to get the product upon presentation of the NFT, the NFT being used as proof +

The transfer of intellectual property rights free of charge must be qualified as a donation, and as such must comply with the requirements specific to the matter (Decision of the Paris Court of Justice, February 8, 2022, No. 19/14142). This case involved a trademark and Community designs owned by two individuals, Mr. X and Mr. Z. The rights were transferred in 2015 to company A, of which Mr. Z is the sole partner and manager. In 2018, Mr. X criticized the transfer that took place in 2015 and sued Mr. Z and the company A for nullity of the +

The invalidity procedure has been modified by the provisions of the "Loi Pacte" (in force since December 11, 2019) in particular with regard to its admissibility conditions, which, with respect to the evidence of exploitation of the prior trademark invoked, are twofold: 1. Proof of use of the earlier trademark subject to the obligation to use it Article L 716-2-3 provides that, subject to inadmissibility, the owner of the earlier trademark on which the action is based must provide proof: if the trademark is subject to the legal obligation of use at the date of filing of the nullity +

I. Assessment of use with respect to products In our previous review of case law on pharmaceutical trademarks, we examined the differences in practice between the European Union and French courts in identifying the products for which the trademark was in genuine use when considering an application for revocation for non-use. It had been noted that the EUIPO re-characterizes the specification of goods by restricting it to the specific goods that it considers to be in use, whereas the French courts identify in the specification the goods corresponding to the goods in use, without changing the scope of the +