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28 publications

Trademarks: 1 registration for 104 member states and 120 territories: Canada will join the International Trademark System.

From its creation, or at the latest from the start of negotiations with foreign partners, overseas Trademark protection must be considered. it is now the turn of Samoa to join the international trademark system as of 17th June 2019. Given its wide geographical coverage and simplicity, this system is becoming more and more adapted to worldwide business development strategies.
Published on: 3rd May 2019

Trademarks and use: a commentary on the Big Mac case

By Evelyne ROUX, Partner, and Caroline HUGUET-BRAUN, French and European Trademark and Design Attorney.
HUGUETROUX.PNG Everyone is talking about it, but what actually happened? Has the fast food giant, McDonald’s International Property Company Ltd. (“McDonald’s”), really lost its rights to the BIG MAC trademark?
Published on: 26th Feb 2019

Trademarks and ecology: a German VerpackG law on packaging

By Anne CHANTELOUP, Intellectual Property Attorney.
CHANTELOUP_SEARCH.jpg If you launch a new packaged product in Germany, this German packaging law (known as “VerpackG”) – which came into force on January 1st – may apply to you. It ensures the transposition of the European Directive 2015/720 of April 29, 2015 into German law, amending a previous directive to reduce the consumption of lightweight plastic bags.
Published on: 26th Feb 2019

What impact will a BREXIT without a withdrawal agreement as of March 30, 2019, have on your IP assets, in particular patents, trademarks & designs, domain names?

By Christian TEXIER, Frédérique FAIVRE PETIT, Sylvain THIVILLIER, Evelyne ROUX, Partners, Cécile PUECH, Senior Associate and Anne CHANTELOUP, Intellectual Property Lawyer.
CTFFPEVR.PNG UK MPs overwhelmingly rejected the negotiated exit agreement of the EU by 432 votes against 202 on Tuesday January 15, 2019.
Published on: 21th Jan 2019

Industrial designs: prior disclosure: the non-relevance of the place of disclosure. Invalidity of the "Crocs" registered community design for lack of novely.

By Anne CHANTELOUP, Intellectual Property Attorney.
CHANTELOUP_SEARCH.jpg On March 14th, the General Court of the European Union issued a momentous decision to invalidate the registered community design relating to the famous “Crocs” clogs due to its premature disclosure to the public. This is a dark period for the Crocs company, after invalidation decisions of the design in the USA and of the three-dimensional trademark in the Dominican Republic.
Published on: 28th Sept 2018

Brexit - Trademarks & Designs: an automatic transfer without official taxes for trademarks and designs of the European Union

By Evelyne ROUX, Partner, and Anne CHANTELOUP, Intellectual Property Lawyer.
ROUX_SEARCH_2013.jpg Good news for trademark and design right holders in the heart of summer. It doesn’t come from the EU Commission, nor from the UK Government, but from the United Kingdom Intellectual Property Office (UKIPO).
Published on: 24th Aug 2018

The assessment of the protection of a design with a technical function: an issue now settled by the Court of Justice of the European Union

By Anne CHANTELOUP, Intellectual Property Lawyer
CHANTELOUP_SEARCH.jpg The Court of Justice of the European Union has just issued an interesting and expected decision regarding the exclusion of functional forms by design law and the non-determinative nature of the existence of alternative designs (CJEU, 2nd Chamber, 8 March 2018, Aff C-395/16)
Published on: 25th April 2018

International Model: 1 Registration for 65 Territories

by Caroline HUGUET-BRAUN, French and European Trademark and Design Attorney
0743-C.HUGUET.jpg Designs, reflecting quality and commitment to innovation have become the new weapon of business competition, even becoming, at times, a means of identification in the same way as a trademark.
Published on: 20th Dec 2016

Unregistered Community Designs: A Right not to Overlook During Disputes!

by Caroline HUGUET-BRAUN, French and European Trademark and Design Attorney
0743-C.HUGUET.jpg In addition to the protection by copyright and registered design, the appearance of an industrial or artisanal item (product) can be protected by an unregistered Community design (UCD). This protection system, often forgotten in the past, is beginning to claim its place in disputes relating to the appearance of product, particularly in the fashion field where many products have relatively short life cycles, meaning that filing a protection request may sometimes be too costly.
Published on: 26th Aug 2016

First Remarks as to the Implications on Intellectual Property Following the BREXIT vote of 24 June

This morning, Friday 24 June 2016, the British referendum result in favour of BREXIT was announced, meaning the United Kingdom has voted to leave of the European Union. What will be the initial consequences in the intellectual property field?
Published on: 24th Jun 2016

European and French Customs Retainer Procedures

By Evelyne ROUX, Partner and Carole ADJADJ, French and European Trademark and Design Attorney
ROUX ADJADJ.JPG It is worthless to say that infringement is ever increasing. A battle is engaged, involving all the stakeholders, to stop counterfeited and pirated goods, and to fight against infringement. Customs, as well as Legal procedures and resources are being continually improved.
Published on: 15th Dec 2015

Advertising and Alcohol: The Supreme Court Acknowledges that the Impression of Pleasure is Allowed!

by Martine BLOCH-WEILL, Partner
v3588-Martine BLOCH WEILL.jpg We informed you last year of the judgment of the Versailles Court of Appeal (Ch 3, 3 April 2014 ANPAA/CIVB) which claimed that appearing “grumpy” was not imposed by the EVIN Law (see article). Hearing this case again the Supreme Court made a new judgement on 1st July 2015, at the end of which it reviews the strict position issued in its first judgement of 23rd February 2012.
Published on: 11th Dec 2015

Advertising and Alcohol: Trial Judges Declare There is No Need to Get Cranky!

by Martine BLOCH-WEILL, Partner
v3588-Martine BLOCH WEILL.jpg The Versailles Court of Appeal (Ch 3, 3 April 2014 ANPAA/CIVB) upon referral after appeal (Cass, 1st civ, 23 February 2012) rejected the strict interpretation made by the Supreme Court as to the provisions in the Evin Law relating to advertising requirements for alcoholic beverages.
Published on: 30th Jul 2015

The Longchamp Bag: The Supreme Court does not yet Consider it Case Closed

by Martine BLOCH-WEILL
v3588-Martine BLOCH WEILL.jpg On 15 May 2015 the French Supreme Court fortunately passed a judgment quashing the Paris Court of Appeal judgment 13 September 2013.
Published on: 23th Jun 2015

Are Your Industrial Property Rights Protected in French Polynesia?

By Christian TEXIER, Partner and Nicolas DEMILLY, French and European Trademark and Design Attorney
TEXIER DEMILLY.JPG The organic law no. 2004-192 of 27 February 2004 laying down the autonomous status of French Polynesia transferred the authority in all Industrial Property matters to this territory.
Published on: 7th Jul 2014

The Highlights of 3D Printers and Intellectual Property

by Caroline HUGUET-BRAUN, French and European Trademark and Design Attorney
0743-C.HUGUET.jpg The missing piece of your favourite puzzle, a priceless jewel, a spare part to replace… All of these products can technically be manufactured by 3D printers.
Published on: 10th Jun 2014

Following the Beifa Group versus Schwan-Stabilo Schwanhauber case : TEU's 27 june 2013 Decision

By Caroline HUGUET-BRAUN, French and European Trademark and Design Attorney
0743-C.HUGUET.jpg The Schwan-Stabilo Schwanhaüßer Company, holder of the German shown brand below, reacted to this filing by the Beifa Group Company by consequently filing an application for a declaration of invalidity for the model.
Published on: 1st Oct 2013

Combining design and trademark rights to defend design creations

By Evelyne ROUX, Partner
ROUX_SEARCH_2013.jpg Using different combinations of IP rights can be a good way to protect designs. However, deciding which rights to use can be confusing. One strategy entails blending design rights and trademark rights, depending on how the design is to be marketed
Published on: 14th Jun 2013

Mediation for community trademarks and designs

By Evelyne ROUX, Partner
ROUX_SEARCH_2013.jpg Nearly 2,500 OHIM decisions are the subject of appeals to the Boards of Appeal, and they are rarely resolved in less than 18 to 24 months.
Published on: 20th Feb 2012

Designs and Copyright: an Italian interpretation of the cumulation of rights?

ByAymeric VIENNE, Senior Counsel, European and French Patent and Trademark Attorney, Cabinet REGIMBEAU
Italy has always had a special position in the still heterogeneous copyright landscape of the European Union...
Published on: 24th March 2011

Three-dimensional trademark against design? Who wins?

ByAymeric VIENNE, Senior Counsel, European and French Patent and Trademark Attorney, Cabinet REGIMBEAU
It could be advantageous to combine the protections, and to protect one’s creations by means of a three-dimensional trademark as well.
Published on: 18th March 2011

A pragmatic application by the European Court of the legal rules relating to Community designs

By Aymeric VIENNE, Senior Associate, Cabinet REGIMBEAU
Published on: 17th Jan 2011

Design Protection in South Africa

By Bastiaan Koster, Managing Partner at the Intellectual Property law firm, Von Seidels, based in Cape Town,South Africa.
The South African Designs Act (“the Act”) provides for two types of designs. Firstly, there is an aesthetic design which is similar to a conventional design available in most countries and which protects the aesthetic appearance of an article.
Published on: 16th Jun 2010

Trade marks and Designs: Score draw? In what circumstances can a trade mark invalidate a later design?

By Aymeric VIENNE - French and European Patent Attorney - Cabinet REGIMBEAU
On 12 May 2010, the General Court of the EC handed down a judgment in case no. T 148/08, between the Chinese company Beifa Group, on one side, and the OHIM and the well-known German company Schwan-Stabilo Schwanhaüßer, on the other.
Published on: 11th Jun 2010

Protection of shapes: Patents? Designs and copyright? Trademarks?

By Aymeric Vienne, European and French Patent Attorney and Evelyne Roux, Partner - Cabinet REGIMBAU
ROUX_SEARCH_2013.jpg While it is true that the law of designs naturally springs to mind where protection of the shape of a product is concerned, is it possible to protect the shape of your products using patent or trademark law?
Published on: 19th May 2010

Community designs

By Evelyne ROUX, Head of the Legal Department - Cabinet REGIMBEAU
ROUX_SEARCH_2013.jpg Various protection criteria clarified by the 1st decision of the Court on 18 March 2010
Published on: 4th April 2010

Designs / 3D Trademarks: Friends or Foes ?

By Malaurie Pantalacci, French and European Trademark Attorney
Therefore it seems that both a design and a 3D trademark are suitable to protect the shape of a product. Does this imply they are competitors, or that either one or the other should be selected, or on the contrary that they can be complementary...
Published on: 17th Nov 2009

Designs in the European Union and in France

Evelyne ROUX, Partner - Cabinet REGIMBEAU, European Patent and Trademark Attorney
ROUX_SEARCH_2013.jpg Since the 1st of April 2003, companies have been able to protect their designs in the European Union not only by filing national applications in each country, but also by using a single application .
Published on: 29th Sept 2008