French Law Newsletter - October 2014

Trademark – Well-known trademark

The word « OLYMPIQUE » is an unregistered, well-known trademark and the use of the expression “soldes olympiques” associated with the Olympic rings for the purpose of promoting motorcycle equipment (notably helmets) on a website, a Facebook page and in newsletters constitutes an infringement of the trademark owned by the CNOSF (“Comité National Olympique et Sportif Français”, or the French Olympic Committee).

Published in PIBD, October 15th, 2014, n°1014.

 

Trademark – Brand protection

Almost 6 500 pairs of shoes counterfeiting the Nike and Converse trademarks have been seized by the police at the Saint-Ouen flea market, with the help of two employees. A total of 3 910€ cash was confiscated. (NB : Emmanuelle Cinque, Nike Brand Protection Manager in France, participated in the seizure.)

Published by Fashionmag, on October 7th, 2014, and by Le Parisien, on October 8th, 2014.

 

Trademark – Brand protection

In order to fight counterfeiting, the famous producer of oysters Gillardeau spent 5 million Euros on a patent, developed by an engineer specialized in the non-falsification of banknotes, in order to carve its brand on the oysters themselves.

Published by Le Figaro, on October 8th, 2014

 

Labor Law – Night work

Work carried out after 9 PM constitutes night work. As such, it has to be done exceptionally and be essential to the functioning of the company, which is not the case for the Sephora shop on the Champs Elysées.

Labor Section of the French Supreme Court, September 24th, 2014, n°13-24.851  (Sephora - Champs Elysées).

 

Labor Law – Sunday work

The Minister of Economy intends to reform Sunday working in order to facilitate its use. Are notably under consideration:

  • -    The increase of the number of city authorizations for the opening of businesses on Sundays,
  • -    The implementation of Sunday working, by way of a collective bargaining agreement, in tourist areas, on a voluntary basis and with a double salary.

 

Labor Law – Employees’ data

The absence of declaration or a late declaration to the CNIL as to a system which automatically monitors employees at work is not considered a licit means of evidence and will not allow the employer to make use of the data collected through this means to sanction his employees.

Be careful: the use of videosurveillance for the purpose of controlling the activity of employees requires a prior declaration within the CNIL.

Labor Section of the French Supreme Court, October 8th, 2014, n° 13-14991 FSPB.

 

Labor Law – Procedural reform

The report of Mr. Lacabarats – President of the Labor Section of the French Supreme Court –related to the Labor Court reform notes some serious dysfunctions in the jurisdictions, such as extremely long waits in order to get a date set for a hearing. Several solutions are under consideration: a further professional training provided to the Labor Court Judges, an anticipated communication of evidence from the defendant, mandatory pretrial proceedings, and an accelerated contentious procedure with a direct reference to a magistrate whose mission is to pronounce a judgment when Labor Court judges couldn’t agree on a ruling (or “Juge départiteur”).

 

Pour en savoir plus contacter l’équipe Propriété intellectuelle.