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Author's rigth

“La Minute blonde”

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Written by Séverine Fitoussi Monday, 13 July 2009 11:38

PLAYBOY Magazine was convicted of infringement by a court of first instance in France, for it had reproduced the mark “LA MINUTE BLONDE”. Claiming its right to inform, the magazine reproduced the mark on its cover page (with the actress* just beside it in her birthday suit), without the prior authorization of the holder. The judges considered that this reproduction was an infringement and was in fact meant to attract readers for promotional purposes.

* "La Minute Blonde" was a one-minute TV program showing a titillating sexy "blond" talking nonsense.

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Paradise lost for Bettina Rheims…

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Written by Sandrine Yver Monday, 13 July 2009 11:37

Ideas are free developments, and only their materialization can be monopolized.

Here is a proof. Above the door of the toilets of a psychiatric hospital, Gautel affixed the word Paradis (“paradise”), in gold letters.

Bettina Rheims took a picture of it, made a triptych, sold it and reproduced it, without the agreement of the German artist! On XXX, the High Court ruled that the work of Gautel, consisting in affixing a word in a particular place with a diverted sense, is protected by copyright law.

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LVMH and artists tastes

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Written by Jean Philippe Bresson Saturday, 19 July 2008 13:11

After BRITNEY SPEARS (see IP TALK 8), LVMH now goes after famous guitar player Dave NAVARRO (Red Hot Chilli Papers / Jane’s addiction) as to his fake guitar strap displaying LV pattern.
After 8 years of touring with that strap and with multiple LVMH purchases made, the guitar player declared to be more than surprised to receive a cease and desist letter from LVMH Legal Department. With LVMH advertising featuring rock legend KEITH RICHARDS earlier this year, all this do not sound very coherent.
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Perfumes excluded from Copyright (Act II)

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Written by Jean Philippe Bresson Saturday, 19 July 2008 13:10

On July 1st, 2008, the French High Court ruled that a fragrance only resulted from a know-how and was not a creation eligible to copyright protection. The High Court had previously excluded a remuneration of perfume creators under copyright basis on June 13, 2006. The French case was ambivalent since then. This strong reiteration of last July involves high risks for defence policies but unfair competition and well-known trademark protection offer alternative grounds of action.
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