How could McDonald’s lose the EU trademark BIG MAC?

Publié en February 2019

The European Union trademark BIG MAC number 000062638 was filed in 2016 and registered in 2018 in the name of McDonald’s, in connection with many food products, among them the famous sandwiches, as well as in connection with restaurant-linked services.

In a case against McDonald’s, Irish company Supermac’s filed a request for revocation of the EU mark BIG MAC according to Article 58(1)(a) of the Regulation (EU) 2017/1001 of the

IP protection of pictograms

Publié en January 2019

In our time of digital communication, the pictograms, these basic symbols conveying universally recognized and fully understood information, also intend to be used as a badge of origin. But can these simple and meaningful signs be perceived as identifying the commercial origin of the products or services offered?

According to the law and case law, pictograms indicating a mode of use, or that convey a universally understandable message, or commonly

Countries of the International trademark system

Publié en January 2019

The International trademark system provides a variety of centralized administrative procedures to protect and manage a trademark in one or several member countries of the Madrid system (Madrid Agreement and Madrid Protocol).

The system of International registration of marks is administered by the International Bureau of the World Intellectual Property Organization (WIPO), based in Geneva, Switzerland.

A basic mark, protected in the “home” IP

Copyright protection over a portal

Publié en November 2018

That’s right! This is France and France is known worldwide (at least we French people like to think so) for its contributions to the arts, its intellectual creations, its original productions. Yet we are talking about copyright protection claimed over a portal, a front gate.

In 2012, a portal manufacturer filed a lawsuit for copyright infringement claiming another company had a portal made based upon its plans and drawings, after

Taste of food not protected by copyright in the EU

Publié en November 2018

The EU law precludes (i) the taste of a food product from being protected by copyright and (ii) national legislation from being interpreted in such a way that it grants copyright protection to such a taste.

The judgment of the Court of Justice of the European Union (CJEU, Grand Chamber, 13 Nov. 2018, case C-310/17, Levola Hengelo BV v Smilde Foods BV) sounds the death knell of copyright protection of

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