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MIIP MADE IN IP | Global | 6 Nov 2023
Monitoring IP rights – why is it important and how is it done?
There are several reasons why it is important to monitor IP rights, including maintaining exclusivity, controlling any costs and limiting any damage. This article sets out why it is important to monitor IP rights, what to keep an eye on (eg, domain names, trademark registers and company registers), and how to defend against IP infringement.
MIIP MADE IN IP | France | 30 Oct 2023
Renaming wine brands in France – what are the precautions to take?
In a noticeable shift, more and more winemakers appear to be opting to change their modus operandi and turning away from geographical indication trademarks. Instead, they are choosing to register under the more basic (and less restrictive) designation of "French wine" (in French, Vin de France). This article sets out the brand considerations winemakers tempted to undertake this venture should......
MIIP MADE IN IP | France | 25 Sep 2023
Ambush marketing in sports
On your marks, get set, go. September 2023 marks the start of France being at the centre of the sporting world, kicking off with the Rugby World Cup 2023, followed by the 2024 Paris Olympic and Paralympic Games. Sponsorship is one of the main sources of funding for sporting events and competitions, and it is essential for sports federations to guarantee official partners use (exclusive or......
MIIP MADE IN IP | European Union | 1 May 2023
Registering slogans as trademarks: finding balance between wordplay and promotion
It is becoming increasingly difficult to understand the position of the EU authorities on the viability of registering a slogan as a trademark. To address this, the European Union Intellectual Property Office's recent case law research report clarifies its position and provides concrete examples to help brand owners determine a strategy to adopt. This article examines some key findings of the......
MIIP MADE IN IP | France | 27 Feb 2023
Trademarks versus domain names: French perspective
Rights holders in France seem to be showing a preference for registering domain names rather than trademarks. However, are domain names really a serious competitor to trademarks? This article explores the advantages and disadvantages of each and sets out the situations in which a domain name registration might be preferable to a trademark registration.
MIIP MADE IN IP | Global | 20 Feb 2023
Can I use my trademark to recover an identical domain name held by a third party?
When starting a business, it is rare for a party to reserve its brand name as a domain name in all available extensions, for obvious budgetary reasons. After some time, a party may find that certain domain name extensions have become useful. What can that party do if a domain name has already been taken by a third party? Generally speaking, the rule for domain names is "first come, first served".
MIIP MADE IN IP | European Union | 13 Feb 2023
Trademark or mere decoration? General Court weighs in on Louis Vuitton's checkerboard pattern
To be registered in the European Union, a trademark must be sufficiently distinctive with respect to the goods and services it designates. This distinctiveness may be intrinsic or acquired through use. The latter can be difficult to demonstrate, as illustrated by a recent judgment issued by the General Court of the European Union.
