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Toward the adoption of initial interest confusion
  • Bird & Bird
  • France
  • June 27 2011

Under the doctrine of initial interest confusion in US trade mark law, there may be a finding of infringement where, as a result of the use by an advertiser of a third party’s trade mark, a consumer, who was initially interested in the advertisement in which said trade mark was used, later discovers, before making the purchase of goods or services, that such products or services in fact do not originate from the owner of the trade mark but from a competitor


French Conseil d'Etat rules that acceptance of ToU is not valid consent for receiving marketing e-mails
  • Bird & Bird
  • France
  • May 6 2015

By its decision dated 11 March 2015, the French Conseil d’Etat (Administrative Supreme Court) positioned itself on a very interesting issue of how an


The French Data Protection Authority unveils its 2014 targets for inspections
  • Bird & Bird
  • France
  • April 30 2014

In its annual programme for 2014, the CNIL has set an overall objective to carry out around 550 inspections (33). Of these inspections, around 350


France is “stepping up its game” with the adoption of new esports regulatory rules
  • Bird & Bird
  • France
  • July 11 2017

By two decrees adopted on 9 May 2017, France is materializing its regulatory framework applicable to esports competitions and esports labor contracts


France: CNIL publishes new cookie guidance
  • Bird & Bird
  • France
  • December 18 2013

On December 17, 2013, the French Data Protection Authority - CNIL - published its new cookie guidance


France: CNIL cookie compliance inspections as from October 2014
  • Bird & Bird
  • France
  • July 23 2014

On 11 July 2014, the French Data Protection Authority ("CNIL") announced future enforcement actions in relation to cookies (article available in


Internet and free Wi-Fi access: the CNIL’s report following its controls
  • Bird & Bird
  • France
  • January 6 2015

As part of its mission of controlling the use of personal data, the CNIL has recently scrutinized the provision of free and public Internet access


Your pocket guide to VAT on digital e-commerce
  • Bird & Bird
  • Belgium, European Union, France, Germany, Hungary, Italy, Netherlands, Sweden, United Kingdom
  • July 31 2014

Digital e-commerce is a rapidly growing business market within the EU, emerging as a key economic driver. However, as acknowledged by the EU


Reduction of damages awarded for unpermitted use of client data: a direct consequence of the victim's insufficient security measures
  • Bird & Bird
  • France
  • July 5 2013

In this case, a French e-commerce operator noticed that its client list, containing the email addresses of 4.7 million clients and prospects, was


More cases, more confusion? The continuing saga of internet hosting provider liability under French law
  • Bird & Bird
  • France
  • December 17 2007

A spate of recent cases on the liability of internet hosting providers in France is currently causing a lot of ink to flow