Jurisprudence22 July 2021
You couldn’t be Guerlain even if you tried
Assessing the distinctive character of a brand is not easy, and highly subjective. This is particularly true for trademarks consisting of the shape of the product or its packaging. However, if you are a prestigious economic operator like Guerlain, one of the flagship brands of the Perfumes and Cosmetics branch of the LVMH group, it is clearly easier to have the distinctive function of your...
Jurisprudence19 October 2020
Business secrets, it’s serious
In the USA, business secrecy is no joke : Anthony Levandowski, recently sentenced by the American courts, went from being a genius of the autonomous car to that of a common law prisoner in a few months !
Jurisprudence16 October 2020
Compliant and Infringer at the same time !
The Supreme Court of the United Kingdom has just recalled that one can comply with an international standard for telephony and infringe a patent.
Counterfeit or no counterfeit ?
Seizure of a question for a preliminary ruling in the context of an action for trademark infringement, the Court of Justice of the European Union recalls that use as a trademark implies active behavior and direct or indirect control of the act litigious.
You couldn’t be Messi(e) even if you tried !
Beware of celebrities who file trademarks infringing your prior rights !