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

Law and Intellectual Property as growth boosters

Publié en October 2018

This article is the transcription of a presentation by Manuel ROCHE, Industrial property attorney and President of the International Relations Committee of the CNCPI (the French Patent and Trademark Attorneys Institute), during the international symposium “Paris, European hub for business, digital, IP and tech law” which took place the 11th of October 2018, at the Tribunal de grande instance de Paris (Paris First instance Court of Paris), organized by the

Non-distinctive trademark – According to the EUIPO, the trademark iWatch is not associated to Apple

Publié en October 2018

The Apple Watch is not branded as “iWatch”, although it would put it in line with its pre-existing products/services bearing the well-known ‘i’-prefix, such as iPhone, iPod, iPad, iMac or iCloud. This is mostly due to the difficulties of having the trademark iWatch registered.

The trademark iWatch, filed on 4 December 2013, had been refused for goods in class 14 (“chronometric instruments, timepieces, and bracelets; accessories, parts, components, and cases

EU trademarks: Does the evidence of acquisition of distinctive character through use have to be shown throughout each and every member state?

Publié en September 2018

The European Court of Justice (ECJ) has held that, in order to be accepted for registration as a EU trademark, a sign must have distinctive character, inherent or acquired through use, throughout the European Union and not only in a substantial part or the majority of that territory.

But does it imply that such evidence is required for each and every member state?

It has already been ruled that given

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