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Intellectual property quarterly newsletter - December 2013

  • Hogan Lovells
  • -
  • China, European Union, France, Germany, Netherlands, United Kingdom, USA
  • -
  • December 24 2013

On 26 November 2013, the President of OHIM issued a decision whereby, from 2 December 2013, decisions concerning refusals of Community Trade Mark

Consequences of a breach of a trademark license agreement

  • Reed Smith LLP
  • -
  • European Union, France
  • -
  • June 22 2009

In the judgment of the European Court of Justice dated April 23, 2009 (C-5908), the following facts were at issue: Christian Dior Couture SA concluded a trademark license agreement with Société Industrielle Lingerie (SIL) in respect of the manufacture and distribution of luxury corsetry goods bearing the Christian Dior trademark, which is owned by Dior

Google held liable for copyright infringement for bulk scanning of books

  • McDermott Will & Emery
  • -
  • France
  • -
  • February 28 2010

The Paris Court of First Instance's third chamber has ruled that Google Inc.’s bulk scanning of books for its Google Book Search website, done without permission from copyright holders, infringed the copyrights on hundreds of French books

eBay’s legal battles continue: a French victory and a prudent English test case

  • McCarthy Tétrault LLP
  • -
  • European Union, France, United Kingdom
  • -
  • July 28 2009

While a French court found that eBay was not liable to L’Oréal for the sale of counterfeit cosmetics on its auction website, an English court determined it required guidance from the European Court of Justice (ECJ) on the interpretation of applicable directives before deciding key issues in a proceeding between the two parties

Landmark victory for eBay in trade mark infringement case

  • McDermott Will & Emery
  • -
  • European Union, France
  • -
  • June 1 2009

On 13 May 2009, eBay, the world’s largest online auctioneer, claimed a landmark victory against L’Oréal after the Tribunal de Grande Instance de Paris (Paris first instance civil court) ruled that eBay was not liable for selling counterfeit products and luxury goods imported from outside the European Union on its website

Internet counterfeit: recent divergent decisions in France and the US suggest a need for cooperation between rights holders and service providers

  • Hogan Lovells
  • -
  • France, USA
  • -
  • September 4 2008

With the advent of the Internet, counterfeiting activities are thriving on a worldwide scale, in spite of efforts to combat such activities made by global online service providers and rights holders

eBay loses another trademark suit in Europe

  • Steptoe & Johnson LLP
  • -
  • France
  • -
  • February 26 2010

eBay has lost another lawsuit filed by Louis Vuitton Malletier ("LVM") in France

Two judgments of the Paris Civil Court of First Instance establish that Dailymotion is a hosting service provider

  • Bird & Bird
  • -
  • France
  • -
  • August 31 2008

In the last edition of the newsletter we considered the recent developments in the law relating to providers of hosting services

Quel abus du droit d’exploitation faut-il demontrer, pour obtenir l’intervention du juge ?

  • Cuatrecasas Gonçalves Pereira
  • -
  • France
  • -
  • February 28 2013

En cas d'abus notoire dans l'usage ou le non-usage des droits d'exploitation de la part des représentants d’un l'auteur décédé, le tribunal de grande

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

  • Baker & McKenzie
  • -
  • France
  • -
  • 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