Fairly well, one should say. The three decisions issued to date should dispel some of the fears that many had, as to the capability of the administration of properly substituting the Courts in rectification/cancellation actions for non-use and cancellation/nullity proceedings. [Trademark Ordinance of 13th November 2019 that came into effect on 1st April 2020.] 1….

Since 1 April 2020 most cancellation actions in France have become administrative proceedings and must be filed with the French trade mark office (“Institut National de la Propriété Industrielle”). Only invalidity actions based on earlier copyrights, designs, surnames, pseudonyms etc. remain judicial proceedings. These new administrative proceedings are the result of the implementation of Directive EU 2015/2426…

Cour de cassation, Chambre commerciale, March 27, 2019, Appeal No. T 17-28.213 The French Supreme Court (Cour de cassation) overturned the judgment of the Paris Court of appeals (here) which had denied similarity between goods and services on the ground that they were only indirectly related, because the Court of appeals should have examined whether…

The Paris Court of Appeal ruled that the French figurative trademark owned by Mr. Christian Louboutin and designating “high‑heeled shoes (except orthopedic footwear)” in Class 25, reproduced above, is valid (Paris Court of Appeal, 15 May 2018, No. 17/07124). The trademark is described as follows: “The trademark consists of the color red (Pantone 18.1663TP) applied to the…

Cour de Cassation, Chambre Commerciale, January 31, 2018, Appeal No. C 16-10.761 The French Supreme Court emphasizes that the reputation of the earlier mark is a relevant factor in the assessment of likelihood of confusion and gives it wider protection. In 2009, adidas initiated an infringement action in France relying on its famous three stripes…

On 17 January 2018, the French Supreme Court (Cour de cassation) held that affixing a prior trademark, without consent, to products exclusively intended for export to and lawful sale in China constitutes trademark infringement. The dispute involved the French wine company Castel Frères, owner of a number of French and European trademarks for alcoholic beverages and…

Proving infringement in France has become just that wee bit more perilous after the Supreme Court’s decision of 25th January 2017. Saisie-contrefaçon, pioneered in France back in 1991 is still widely used to obtain material evidence of infringement that may be located in premises that are private, such as a company’s warehouse or showroom. However,…

In two judgments rendered on 14 January 2016, the General Court confirmed OHIM’s refusal of stylized marks whose verbal elements were descriptive or non-distinctive. It is a coincidence that both decisions are only available in Spanish and French and both marks were in classes 9, 28, and 41. The cases are T-318/15 and T-663/14 and…