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9. Actions for infringement or unfair competition
9.1 Similarities/differences
In matters of trademark and design counterfeiting, as well as unfair competition, judges look for similarities, not differences, when imposing penalties.
The courts decide on a case-by-case basis. This means that the outcome of legal proceedings is always uncertain (see Box 10).
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In trademark law, infringement can only be assessed in relation to the products or services designated at the time of registration, due to the principle of speciality (see Box 11).
Examples-
Counterfeiting :
Squale and Strale for sports products;
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Actions for infringement or unfair competition
Bibliography
Websites
• ADAGP – Society of Authors in the Graphic and Plastic Arts http://www.adagp.fr
• INPI – Institut national de la propriété industrielle http://www.inpi.fr
• Legifrance – A comprehensive site that also includes all judicial case law.
Regulations
See legal references in the article.
Patents
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Example of a packaging patent
Patent no. 0 179 571 issued on August 8, 1990, for a handle for a cardboard can holder.
The invention relates to an efficient and robust carrying handle for a cardboard can carrier, with the handle structure arranged in such a way that the mechanical strength and integrity of the cardboard walls are preserved, thus enabling...
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