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Mitsubishi case: when marketing debranded goods in the EEA constitutes trademark infringement

(C-129/17 Mitsubishi v. Duma Forklifts and G.S. International BVBA – July 25, 2018) Background Duma and GSI have acquired from a company within the Mitsubishi group, outside the EEA, forklift trucks that they bring into EEA territory where they place them under a customs warehousing procedure. They then remove from those goods all the signs identical…

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Can you trademark a cultural property in France?

Can you trademark a cultural property in France?

Cultural property is defined as tangible or intangible assets of a society, which may include emblems, buildings, monuments, folklore or tradition[1]. Owned by the State or a private entity, cultural properties are generally inherited from past generations and are preserved, bestowed and passed onto the future generations. Cultural properties have significant values, given that they…

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Deadlines – when silence means NO!

In the following article, in association with SMD Country Index, Charlotte Urman, deals with the current meaning of silence. The old adage that “silence equals consent” is widely applicable in French Law, in particular for adminstrative purposes. Indeed, usually (even if so many exceptions exist) in case the French Administration does not reply to a…

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General Court: F1 word marks do not have a reputation in the Community

(Français) In Formula One Licensing BV v Office for Harmonisation in the Internal Market (OHIM) (Case T-55/13, May
21 2015), the Eighth Chamber of the General Court has upheld a decision of the Fourth Board of Appeal of
OHIM in which the latter had rejected the opposition filed by Formula One Licensing BV against the
European part of the international trademark F1H2O.
On April 16 2008 Formula One filed an opposition against Idea Marketing SA’s international registration for
F1H2O (No 925 383) […]

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Annual Review Of EU Trademark Law

Annual Review Of EU Trademark Law

Meriem Loudiyi has contributed to the “Annual Review of EU Trademark Law published in The Trademark Reporter of March-April, 2015 : France — French Supreme Court, CommercialChamber Can the reputation of a trademark be proved by its owner merely making reference to previous cases attesting to its well-known character? Read her contribution [HERE] France—Supreme Court,…

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