Design of a retail store may be protected by copyright in France

Publié en August 2018

The layout of a retail store, even more if it is a flagship store or a franchise store, often created by a designer or an architect, may be protected in France by copyright if the originality of the store design is recognized by the courts.

Such is the case of the franchised hair salons Shampoo, given their characteristics detailed by the Court of Appeal of Douai (April 5, 2018, Case

Glen Whisky: scotch or not?

Publié en August 2018

The Scotch Whisky Association is a Scottish organisation protecting the trade in Scottish whisky both in Scotland and abroad. Taking the view that the marketing of a whisky under the designation ‘Glen Buchenbach’ (which is produced by the Waldhorn distillery in Berglen, located in the Buchenbach valley in Swabia, Germany) was infringing the geographical indication ‘Scotch Whisky’, it brought an action before the Landgericht Hamburg (Regional Court in Hamburg, Germany),

EU / China – The battle for technology transfers

Publié en June 2018

Early June 2018, the European Union has initiated proceedings before the World Trade Organisation against China for failing to respect the intellectual property rights of European companies.

Observing that “European companies coming to China are forced to grant ownership or usage rights of their technology to domestic Chinese entities and are deprived of the ability to freely negotiate market-based terms in technology transfer agreements”, the EU decided to take action

The MESSI trademark – More effective in defence than in attack

Publié en June 2018

The footballer (soccer player) Lionel Messi finally obtained the registration of his trademark MESSI but had to contest the opposition based on the earlier mark MASSI for 6 years and all the way to the General Court.

The Board of Appeal of the EUIPO had in fact held that applied to clothing and sports articles not specific to the practice of football (soccer), the applicant had failed to demonstrate that

Trademark revocation – Consequences of the resumption of use

Publié en May 2018

The revocation of the rights attached to a mark is incurred if the trademark has not been put to genuine use within an uninterrupted five-year period following the registration. Nevertheless, the later start or resumption of real and genuine use before a period of three months prior to the application for revocation restores the trademark rights.

This was recalled by the Cour de cassation (31 Jan. 2018, Appeal 16-10761), enforcing

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