The trademark “L’EQUIPE”, renowned in the sports publishing business, had also been registered for other services. However, its owner should have made a serious use of it to have a strong legal base to bring an action for infringement and to avoid the risk of revocation.
But, for judges, sponsoring a sporting event does not mean making use of…
In a decision handed down on June 22, 2022, the Cour de Cassation (French Supreme Court) overturned a judgment of the Rouen Investigation Chamber and held that an investigating judge who has indicted an individual who subsequently files an application for release from pre-trial detention may not act as liberty and custody judge in this same case.
Given the extensive development of NFTs (“Non-Fungible Tokens”, Jeton Non Fongibles or “JNFs” in French), it had become urgent to assess the current legal situation and then to propose solutions or at least avenues of reflection to control their expansion, while respecting copyright and related rights (also known as neighboring rights).
This mission was entrusted to the Higher Council for Literary and Artistic Property (Conseil supérieur de la propriété littéraire et artistique) which presented its report on the subject on July 12, 2022.
The creation of a company, which is far from insignificant, requires considering various issues before the incorporation so that the project can be carried out successfully and achieved in the most relevant way possible.
As legal advisor, one of the first questions that the lawyer must ask his/her client is the overall purpose of the entrepreneurial project.
In case of unsubstantiated abuse of a fundamental freedom relied upon to justify the dismissal of an employee, the dismissal is void even if other grounds could justify the termination of the employment contract.
In a decision issued on June 29, 2022, the Cour de Cassation (French Supreme Court) applied for the first time the principle of “contaminating ground for dismissal” in the context of the use of freedom of expression.
In a decision issued on June 21, 2022, the Criminal Chamber of the Cour de Cassation (French Supreme Court) recalled its case law according to which it is necessary, in order to seek the liability of a legal entity, to explicitly identify the body or the representative having committed the offence on behalf of said legal entity.