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Google wins its seven-year legal battle with Louis Vuitton, ECJ 23 March 2010
Écrit par Severine Mas   
06-06-2010

Louis Vuitton is a leading French group in luxury goods and the owner of more than 60 prestigious trademarks, including Christian Dior perfumes, major designer brands Celine, Fendi, Kenzo, fine wines and spirits Dom Perignon (James Bond favourite champagne), château d'Yquem, etc.

At stake, was the Google advertising campaign tools "Adwords", which allow users to buy keywords such as famous brands to advertise their own products.

"Google has not infringed trademark law by allowing advertisers to purchase keywords corresponding to their competitors' trademarks," said the ECJ in its decision on joint cases, rendered the 23rd March 2010.

"Advertisers themselves, however, cannot, by using such keywords, arrange for Google to display ads which do not allow internet users easily to establish from which undertaking the goods or services covered by the ad in question originate," added the ECJ.

The ECJ added that France's highest court, the Cour de Cassation, will have the final say on a "case by case basis" on whether there is an "adverse effect, or a risk thereof, on the function of indicating origin".

In a nutshell, there is no counterfeiting when it is obvious for the end-user that the product advertised originates from another company. 

From an "unfair competition" law angle however, it is likely that undertakings will be able to obtain damages for dilution of their brand image and illicit exploitation of their name. 

 
11 Jan. 2010 - WIPO Patent Law Treaty comes into force in France
Écrit par Severine Mas   
12-01-2010
The World Intellectual Property Organization Patent Law Treaty of September 14, 2000 was published by the French decree No 2010-6 of January 6, 2010, itself published in the Official journal of January 8. Twenty-seven articles of the treaty and twenty one rules of the execution regulation are finally applicable in France. These texts were ratified by the law n° 2009-892 of July 24, 2009. Their objective is to harmonize the administrative formalities for patents, to simplify and rationalize the procedures  of obtaining and renewing patents, and to reduce their cost. The ratification by France allows to improve the conditions of protection of inventions on the national territory and, doing so, to support innovation.