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Privileged basis for an international trademark Elements …

Elements to consider: – An international trademark can be based either on a national or a Community trademark with the further condition to have an industrial or commercial establishment in the application territory. – The national or Community trademark will be bound for 5 years with the international trademark. – A priority right can additionally…

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Marcorossi vs./ Sergio Rossi

On July 12, 2006, the European Court of First Instance ruled that there was no likelihood of confusion between the two marks above. For the Court, the unusual merger of Marco and Rossi in a single word, without any blank, visually and intellectually brought to a whole without being divided. The distinction between Marco and…

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infrigement on internet

The Paris First Degree Court has decided that emails sent from package-internet@hotmail.com address for commercial prospecting purpose should be considered as trademark infringement. For the Court, a medium care consumer would wrongly consider that the emails in concerns have been sent with the help of the HOTMAIL trademark holder. Non-authorized use of a third party…

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It cheats !

A fraud is achieved when a trademark is acquired without intent to use it but only to oppose it to a competitor. The finding of a fraud is much more complicated when the aim of the trademark assignment occurs in a counterfeiting context.  

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Watch On : DADVSI code

DADVSI partially censored but finally enacted !   After its examination by the French Senate and the National Assembly, a few Parliament members referred the law to the French Constitutional Council. During July, the Council censored 3 points of the law:   -The notion of interoperability was unclear and then, could not constitute a case…

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