PARTAGER

Les echos

October 21, 2005 :   The WIPO arbitration and mediation center retained that the registration and use of the domain name lesechos.fr was infringing title right on LES ECHOS, the French economic magazine, along with its protection under French law and ordered the transfer of the domain name to the magazine.

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vente privée

December 16, 2005 : The web site zone-privee.com was ordered to make unavailable its content because of the resemblances with an earlier web site vente-privee.com because it had the same architecture, identical colors used on the same emplacements, and same advertisings presentation with the same script as vente-privee.com

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ALLEZLES BLEUS

January 17, 2006 : The French High Court ruled that the mark ALLEZ LES BLEUS (literally Go on blue guys) was not commonly known at the time of filling and should consequently be regarded as distinctive. It only became well-know after the winning of the world football cup of 1998 by France.

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Keywords

December 8, 2005 : The Paris Tribunal of First Instance stated that there was no counterfeiting when GOOGLE offered to CARTEPHONE company, specialized in phone cards trade, the key word KERTEL which is the mark of KERTEL company, involved in prepaid phone cards, because the use of the sign is made with no proposal of products…

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FOCUS TALK

In the context of an opposition proceeding, the specification of a trademark covering products/services not included in one class shows difference of practice between the French Trademark Office (INPI) and the European one (OHMI) when assessing the products and services similarity. The INPI systematically holds as ungrounded the opposition when the prior registration designates products/services not included…

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VIP

December 16, 2005 -OHIM VIP or VIPS, used and understood in all European Countries, aregeneric indications in all commercial fields to indicate a presumed ˜high class level™ for any products and services, and therefore show limited distinctiveness. As a result, OHIM retains no possible confusion between VIPS and in this proceeding.

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WORLD

 December 16, 2005 -OHIM– WORLD/ WORLDBEDS   WORLD is usual for products and services connected to travel because of its ability to convey a positive image to the prospective travelers». Then, OHIM denies likelihood of confusion between and .

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