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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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Similarity between stationary and clothing

On February 24, 2006, the Paris Court of Appeal considered that clothing should be regarded as similar with school supplies (stationary).   For the Judge, whereas the nature, function and distribution networks of these products are not identical, the consumer will consider that they have the same origin because of the tendency of some clothing companies to…

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The lego brick partially cancelled

    On July 10, 2006, the Board of Appeals ruled an invalidation claim against the lego brick Community trademark and decided it was not registrable for « construction toys» in Class 28. The Board first considered that each element of the brick was necessary to obtain a technical result in light of several UK…

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Cremilk vs./ Milkcrem

On July 14, 2006, the OHIM upheld that the two marks above were similar despite of the reverse order and of the additional M-letter in MILKCREM. For the Examiner, the signs visually have the same word elements, phonetically are identical if inverted and are intellectually linked whereas of limited distinctiveness. The decision is not so surprising…

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