About Jean-Philippe BRESSON

Posts by Jean-Philippe BRESSON:

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Latest updates on non-traditional trademarks

Non-traditional trademarks, as opposed to traditional trademarks such as denominations, are part of the signs eligible to trademark protection under French and Community provisions. The practice however regularly shows that seeking protection for such non-traditional trademarks obeys to a specific approach. We are regularly monitoring the question with the view to identity the tendencies relating…

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Marque communautaire, usage dans un pays et action en déchéance : alerte pour les gestionnaires de portefeuilles de marques

An analysis of the OMEL/ONEL ruling by the CJEU on 19 December 2012 The OHIM has for several years considered that “genuine use of the trade mark in a single Member State is valid for the Community” (example of the Taxor Cosmetic AG v Caswell S.P.A. ruling on 4 June 2007) The CJEU modified this…

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Accepted grounds of action against GOOGLE (AdWords)

On May 11, 2011, the Court of Appeal of Paris upheld the liability of Google Inc. could be enforced (together or not with the liability of the advertiser), under the grounds of unfair competition, misleading advertising and illegal comparative advertising. The Court actually confirmed the findings of that Trade Court had first ruled, including the…

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The E-PLEX / EPILEX case

On May 24, 2011, the General Court adopted an interesting approach for assessing the similarity between two pharmaceuticals having different therapeutic indications. The contested trademark E-PLEX specifically excluded medicines to combat diseases in connection with the central nervous system. The earlier opposed trademark EPILEX was registered for anti-epileptics. This is no surprise that the Court…

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Chequered label distinctive for jams

Just published is a decision of the Court of Appeal of Paris dated December 1st, 2010, which confirmed the findings of the First Instance Court by ruling that the chequered label appearing on the jam jar ‘Bonne Maman’ and the overall appearance of that packaging are not generic or descriptive for products in classes 39…

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‘5 HTP’ cancelled for lack of distinctiveness

On March 9, 2011, the General Court confirmed that the word Community trademark ‘5 HTP’ should be cancelled because it lacked distinctiveness. The mark belonged to Longevity Health Products Inc. It was registered since January 13, 2004, in class 5 and notably for ‘pharmaceutical and veterinary products’. The General Court pointed out that ‘5 HTP’…

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New step for “numerals” as trademarks?

We previously reported the decision of the European Court of First Instance which on November 19, 2009, denied registration to a couple of Community trademark applications for the numerals 150, 250, 350, 222, 333 and 555 (for “periodicals, books, games brochures” in class 16), 1000 (for “brochures, periodicals containing crossword puzzles and rebus puzzles, newspapers”…

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French Competence for a foreign Google Adwords

A decision from the French High Court dated November 23, 2010, involving AXA and DIRECT ASSURANCE against the search engine, has just been published. The matter related to an interesting procedural aspect when it comes to sue in France advertising links which are displayed on foreign Google websites. The High Court said that French jurisdictions…

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Single letters get OHIM’s favor?

The Second Board of Appeal of the OHIM has decided in Case R-1088/2010-2 that the mark consisting in the single letter ‘W’ (not really stylized as it was rather close of a word mark – the picture below is not the mark in concerns) should be allowed registration in respect of ‘transport; packaging and storage…

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