Pirates’ freedom of expression restricted by the European Court of Human Rights (ECHR)

Publié en March 2013

The European Court of Human Rights recently declared inadmissible the complaint filed by two founding members of the website The Pirate Bay that their convictions for copyright infringement by Swedish courts interfered with their right to freedom of expression under Article 10 of the Convention (ECHR, 19 February 2013, Fredrik NEIJ and Peter SUNDE KOLMISOPPI against Sweden, Application No.40397/12).

These two people had been condemned by

Grand opening of the Trademark Clearinghouse (TMCH)

Publié en February 2013

The creation of new domain names extensions or new generic top-level domains (new gTLDs) before ICANN (Internet Corporation For Assigned Names and Numbers) represents a true technical and legal revolution in the digital world. It also means great risks for trademark owners that their trademarks be stolen from them.

For example, what if a new gTLD reproducing a trademark is created by a person with no

2D Trademark v/ Community design – About the informed user

Publié en February 2013

The registered Community design will celebrate its 10th anniversary on April 1, 2013. These 10 years have enabled the Courts to clarify the conditions of protection of this unified title.

According to the Community regulation, “the assessment as to whether a design has individual character should be based on whether the overall impression produced on an informed user viewing the design clearly differs from that produced

French and International trademarks – Scope of the specification

Publié en February 2013

Further to the important decision of the Court of Justice Of the European Union IP TRANSLATOR (see our previous article), the French trademark office (INPI) and the International Bureau of the World Intellectual Property Organization (WIPO) have each rendered an official communication concerning the wording of the  applications claiming protection for all goods and services (1-2).

Both positions are identical.

The simple indication or

Scope of protection of company names

Publié en January 2013

Last summer, the French Cour de cassation issued a very important ruling regarding the scope of protection that may be granted to a company name.

According to the Supreme Court, “the company name is protected only in connection with the activities actually performed by the company, and not in connection with those listed in its statutes” (Commercial chamber, July 10, 2012, case No.08-12010).


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