Disputes & defence
Defend your registered rights against infringement.
When a third party copies your trademark, your creation or your product, it is best to react quickly and well. Clients call us both when they discover a copy and when they receive a cease-and-desist themselves. The first question is always proof; the second, the most effective course of action.
First step: gathering the proof
Faced with a copy, proof has to be built. Where you hold a registered right (trademark, design, copyright), a saisie-contrefaçon allows the evidence to be recorded and seized at the opponent’s premises, on the judge’s authorisation. For online infringements, a commissaire de justice report is often the first move.
Responding to infringement
Depending on the stakes, the response ranges from a cease-and-desist — often enough to stop the infringement — to court action, by way of urgent interim relief (référé). We calibrate the response to your goal: stop it, obtain compensation, or negotiate coexistence.
How an action unfolds, in practice
Generally, we start by securing the proof (a report, or even a saisie-contrefaçon), then send a cease-and-desist. If that is not enough, we go to court — in référé to stop the infringement quickly, or on the merits to obtain an injunction and compensation for the harm. At each stage, we aim for the most effective outcome, negotiation included.
Acting fast: why time matters
The longer you wait, the more the proof fades and the more the harm sets in. Reacting early lets you freeze the evidence — an online copy disappears fast —, preserve your chances in référé, and avoid prolonged tolerance weakening your rights. At the first doubt, it is better to have it recorded.
Received a cease-and-desist?
Receiving a cease-and-desist is not losing: many are excessive or contestable. Before any reply, we assess the reality of the right relied on and your exposure, then define the strategy — contest, negotiate or adapt.