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Jurisdiction in online infringement cases: “substantial link” theory confirmed

Baker & McKenzie
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France
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January 28 2009

In Ferrara v Ministère public (Case 07-87.281, 9th September 2008) the Criminal Chamber of the French Supreme Court has confirmed the applicability of the “substantial link” theory in criminal cases involving the infringement of IP rights on foreign websites

How to build an IP rights infringement case

Baker & McKenzie
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France
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January 18 2010

In civil proceedings the burden of proof requires the plaintiff to provide the judge with the relevant documents or information in support of its claim

Deep linking may not constitute copyright infringement

Baker & McKenzie
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France
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July 2 2010

The Court of First Instance of Nanterre has ruled that a web portal that provides a deep link to the website of a software developer where the latter's software can be downloaded does not constitute copyright infringement

Creation of fake social networking profile infringes privacy

Baker & McKenzie
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France
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February 22 2011

The French High Court of Paris (TGI) sentenced an internet user who created a fake profile of a famous French comedian to pay a 1,500 fine and 2,500 in damages

Paris High Court applies French law in book scanning case

Baker & McKenzie
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France
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March 22 2010

The 3rd Chamber of the Paris High Court (the Tribunal de Grande Instance de Paris) decided to apply French law to a case involving Google and French book editors

New appeal court rulings add confusion to sports issues

Baker & McKenzie
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France
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April 7 2010

In Arsenal v Reed the European Court of Justice (ECJ) was asked whether a football club could prevent a third party from selling merchandised goods bearing its trademarks at the entrance of the club's stadium

Google Books infringes French copyrights, but not trademarks

Baker & McKenzie
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France
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February 3 2010

The Paris High Court has found Google Inc liable for copyright infringement just as it is about to launch its new service, Google Editions, allowing consumers to purchase books that they have previewed on Google Books

Advocate General provides opinion in the Google France Adwords cases

Baker & McKenzie
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European Union, France
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November 19 2009

The Advocate General has released his opinion in the Google Adwords cases being brought in the French courts

Trademark rights v free speech: can prejudicial trademark use still be prevented?

Baker & McKenzie
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France
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January 28 2009

The French Supreme Court recently decided two cases involving the use of a trademark in a way that was prejudicial to its owner (Supreme Court, Areva v Greenpeace and Esso v Greenpeace, April 8 2008

ECJ ruling ratchets up protection for prestigious marks

Baker & McKenzie
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European Union, France
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September 1 2009

A new ECJ decision shines some light on the murky issue of resale rights in the luxury goods sector