Infringement Lawyer in Paris

The Fight Against Infringement: An Essential Issue for Companies

Infringement (contrefaçon) constitutes one of the most direct violations of companies’ rights. Whether it involves a trademark reproduced identically, a copied design, a work protected by copyright exploited without authorisation, or an infringed patent, the consequences are always twofold: immediate financial harm and damage to reputation that can prove lasting.

Cabinet Bouchara & Avocats, a firm specialising in intellectual property law in Paris, assists companies and brands in defending their rights against the various forms of infringement, both physical and digital.

Companies must combat infringement in order to protect their rights and prevent third parties from violating them. All companies must remain vigilant — those in the luxury sector, of course, but also, more generally, any company that falls victim to acts of infringement. This includes, for example, companies in the fashion, cosmetics, perfumery, toy, tobacco, pharmaceutical, and automotive sectors, among others.

Recognised Expertise in Infringement Litigation

For more than twenty years, Cabinet Bouchara & Avocats has assisted companies in protecting and defending their intellectual property rights.

Ranked among the leading French firms in trademarks, designs and copyright by several leading directories, in particular Chambers, Legal 500, Décideurs, Managing IP and Lexology Index (formerly Who’s Who Legal), the firm is recognised by its clients for its responsiveness, commitment and pragmatism in both advisory and contentious matters.

Infringement is one of our principal areas of practice. Our lawyers act both as claimant and as defendant before the competent specialised courts, and assist French and international companies in matters sometimes involving several territories and several categories of rights.

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What Is Infringement Under Intellectual Property Law?

Infringement is defined by the French Intellectual Property Code as any violation of an intellectual property right without the authorisation of its holder. It may concern various strategic assets of the company:

Trademark infringement occurs where a protected sign is reproduced, imitated or used for identical or similar goods or services, without the consent of its holder. It may be committed online or offline.

Copyright infringement consists in reproducing, performing/displaying or disseminating a protected work without the agreement of its author or successors in title. It concerns graphic creations, software, professional photographs, editorial content, and fashion creations, among others.

Design infringement targets the reproduction or imitation of a protected form (packaging, a product design, a specific visual) without authorisation.

Patent infringement penalises the manufacture, offering, placing on the market, or use of a patented invention without the agreement of the patent holder.

Is your company facing an act of infringement? Contact us for an initial discussion of your situation.

How Does the Firm Assist Companies Facing Infringement?

Once an infringement has been identified, several courses of action may be considered. The choice of procedure then depends on the nature of the rights at issue, the extent of the harm, and the location of the infringer.

Cabinet Bouchara & Avocats intervenes at every stage of your matter:

• Analysis of the rights relied upon: trademarks, designs, copyright or patents. We identify the most appropriate legal basis and verify the strength of the titles before any action is taken.
• Gathering and preservation of evidence: time-stamped screenshots, test purchases, bailiff’s reports (constats de commissaire de justice) and, where relevant, we request and organise infringement seizure operations (saisie-contrefaçon).

Obtaining Measures Suited to the Urgency of the Situation

Where evidence needs to be gathered quickly, the infringement seizure (saisie-contrefaçon) can be a particularly useful tool. This measure allows, upon judicial authorisation, the seizure of elements liable to establish the existence, origin and extent of the infringements identified.

It may be implemented in matters of trademarks, copyright, designs or patents. Although the legal bases differ depending on the rights relied upon, in each of these areas the claimant must bring proceedings on the merits within twenty working days or thirty-one calendar days, whichever is longer, from the day on which the seizure or description takes place.

Compliance with this time limit and the regularity of the operations are essential to preserve the probative value of the elements gathered.

Digital Infringement: A Growing Issue for Companies

While action is possible against infringers who “conventionally” market counterfeit goods and are easily identifiable, it is also possible to act against digital infringements, which are taking up an increasing place in our society.

Infringements must be monitored and action taken regularly, whether by reporting listings that infringe the company’s rights on the various platforms (Etsy, Alibaba, Amazon, Temu, etc.), by monitoring hashtags on social media posts, or by having so-called “mushroom sites” (sites champignons) that copy the architecture of the brand’s website shut down.

Defending Your Rights on Digital Platforms

Monitoring alone is not sufficient — each infringement must be characterised, documented and dealt with on a case-by-case basis. Our lawyers assist you in implementing a coordinated strategy: takedown requests, reports to platforms, handling of fake websites, and appropriate legal action where the infringements persist.

Online infringement raises specific challenges: digital infringements are volatile, which can complicate proof of the infringing conduct, and sellers are often established outside France. An effective strategy therefore relies on several combined levers:

• Online bailiff’s reports (constats de commissaire de justice en ligne): to obtain solid evidence before any cease-and-desist letter or action.
• Notifications to platforms under the reporting procedures provided for by the EU Regulation on Digital Services (DSA).
• Interim/summary proceedings (actions en référé) to obtain urgent measures and the blocking of websites.
• Reporting to customs via an application for action (demande d’intervention, DI) with the competent authorities, for the screening of imports.

The Role of Customs in the Fight Against Infringement

Customs authorities help combat infringement and are, rightly, rather proud of their annual figures. However, it is essential to obtain assistance in order to know how to make effective use of the customs services and resources dedicated to such action. Once customs authorities identify infringements, action must be taken within defined time limits and, where applicable, the courts must be seised of the infringements identified.

In reality, why fight against infringement? Because protecting one’s brand and designs means protecting the customers who trust the brand and who should not be confronted with products that deceive the consumer. If the end customer buys a “dupe” or a copy instead of the original product, this may disappoint the consumer if the product does not meet their expectations, and they may hold it against the brand. Such infringements cause financial and reputational harm to the brand, which must take action to preserve its rights.

What Compensation Can Be Obtained in the Event of Infringement?

Compensation for harm caused by infringement is governed by precise rules, largely harmonised across the various intellectual property rights. In order to assess damages, the court takes into account, in particular:

• the negative economic consequences of the infringement suffered by the rights holder, including lost profits and losses actually incurred;
• the moral/reputational harm caused to the brand or the company;
• the profits made by the infringer, including any savings on investment made as a result of the unlawful act.

These criteria are set out in the French Intellectual Property Code in respect of trademarks (Article L. 716-4-10), copyright (Article L. 331-1-3), designs (Article L. 521-7) and patents (Article L. 615-7).

Alternatively, and at the request of the injured party, the court may also award a lump sum by way of damages. The assessment of the harm must be prepared rigorously and be based on documented evidence.

Should an Infringement Action Be Supplemented by an Action for Unfair Competition and/or Free-Riding?

In certain matters, the conduct identified is not limited to the violation of an intellectual property right. The conditions under which the products are marketed, the copying of a trade name or a domain name, the creation of a likelihood of confusion, or certain unfair and/or free-riding (parasitic) conduct may also cause harm to the company.

It is then appropriate to examine whether an action for unfair competition and/or free-riding (parasitisme) can supplement the infringement action. These legal bases are not interchangeable; how they interact must be assessed in light of the facts. A prior legal analysis makes it possible to identify the relevant claims and to build a coherent litigation strategy.

Make an Appointment with an Infringement Lawyer

Do you wish to bring an infringement action, defend your intellectual property rights, or respond to a claim brought against you? Contact Cabinet Bouchara & Avocats to arrange an appointment.