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Inlex IP Expertise | France | 25 Jul 2022

Almost automatic restriction of copyright protection in France for certain industries?

In recent years, there has been a tendency for copyright to be restricted in certain sectors of activity. In a recent case, the judges prevented copyright from being applied to the creations of a communications agency. This decision suggests that it is prudent to think about alternative means of protection to copyright, especially in sectors where this right has already been denied by the courts.
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Inlex IP Expertise | France | 18 Jul 2022

Trademark and design counterfeiting: multiple facets of Palladium decision

The Appeal Court of Lyon recently issued an interesting decision covering a wide range of IP matters, including design validity and infringement, trademark infringement, and unfair and parasitic competition. The case came about after the company Palladium became aware of the fact that the companies Yoobizz, Sissi Perla and Aubestar were marketing infringing shoes bearing the trademarks......
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Inlex IP Expertise | France | 11 Jul 2022

NFTs and luxury brands: trademark developments

Non-fungible tokens are a promising communication and marketing tool that can attract new, young and connected audiences, but also build loyalty among existing customers. To guarantee the protection of their trademarks in the metaverse, many brands have extended their legal protection by filing trademarks in classes related to the virtual universe. Brands must keep abreast of the constant......
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Inlex IP Expertise | France | 4 Jul 2022

Court issues reminder of conditions of application of foreclosure by acquiescence

If there is one point that is regularly discussed when the question of an action against a registered trademark arises, it is the issue of foreclosure by tolerance. In a recent decision, the Paris Court of Appeal recalled the contours of this mechanism and its conditions of application. This decision highlights that it is not trivial to send a letter of formal notice in the context of a......
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Inlex IP Expertise | France | 27 Jun 2022

Court provides guidance on risks of transferring trademarks free of charge

Transferring a trademark free of charge is a perilous exercise. Such an operation risks being penalised by the tax authorities and, moreover, giving rise to disputes by the assignees. It is therefore advisable to prepare in advance for any possible consequences through a contract. The Paris Court of First Instance recently decided on a dispute involving a trademark that had initially been......
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Inlex IP Expertise | France | 20 Jun 2022

How does French IP law apply to NFTs?

The purchaser of a non-fungible token (NFT) acquires neither the work nor its medium, but instead becomes the owner of the token referring to the work. NFTs thus constitute a new asset, raising many questions from a legal perspective. This article explores the IP implications of NFTs under French law.
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Inlex IP Expertise | France | 13 Jun 2022

Worldwide fame of The Beatles does not automatically extend to BEATLES trademark

The Paris Court of Appeal recently ruled that the reputation of the famous English group The Beatles cannot be automatically extended to the trademark BEATLES. The case demonstrates that it is necessary for owners of reputed trademarks to remain vigilant, since they must demonstrate the acquisition of such reputation for each of the goods and services covered by the trademark registration.
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Inlex IP Expertise | France | 6 Jun 2022

CBD trademarks: uncertain trend in France?

Even though some uncertainties remain regarding the marketing of cannabidiol (CBD) leaves and flowers, many French brands in the CBD sector are flourishing. Brands should consider the relevant provisions of the Intellectual Property Code to ensure that their trademarks are admissible.
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Inlex IP Expertise | European Union | 30 May 2022

Overview of genuine use assessment in the European Union

"Genuine use" is a concept which has its own independent meaning in EU law. In principle, EU trademarks become vulnerable to non-use cancellation if they are not genuinely used for a continuous period of five years. However, things can get a little bit complicated in view of the specificity of the European trademark system.
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Inlex IP Expertise | Global | 16 May 2022

Trademarks, NFTs and the metaverse: business opportunities and legal precautions

Not a day goes by without hearing about non-fungible tokens (NFTs) or the metaverse. This article looks at the commercial developments that are already being observed and the potential IP consequences of such developments. Companies should analyse the additional protection (including classes and activities) of trademarks that they must undertake to ensure that they hold the rights if they......
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