Our IP team presents the case of an influencer who sued the fashion company MAJE for infringement of her copyright, as well as for acts of unfair and parasitic competition. Article L. 112-1 of the French Intellectual Property Code states … Lire plus
Can a company be held liable for wrongful acts committed by its founder during the period prior to its registration? In the case at bar, the employee of an industrial engineering company (E.) had transferred several internal company documents from … Lire plus
The practice of the “golden hello”, sign-on bonus, consists of paying an employee newly recruited by a company a certain financial incentive on signing their employment contract. It is sometimes provided in the employment contract that the employee will refund … Lire plus
In this decision, the Conseil d’Etat illustrates the principle laid down in its decisions of 13 July 2021 of taxing the gain as a capital gain when it does not arise from the salaried duties performed by the beneficiary. The … Lire plus
In a decision ruled on 12 October 2022, Paris Court of Appeal reminded the delicate conditions under which a trademark made of a well-known surname must be used, and the – serious – risk for the purchaser of losing the … Lire plus
Among the many obligations that weigh on commercial companies are those relating to the annual financial statements drawn up at the close of each financial year (Article L123-12 of the French Commercial Code). Nevertheless, in order to reduce the burden … Lire plus
In the absence of a regulation in the Constitution, of a definition in the Labor Code and because of the abundance of litigation due to the exercise of the right to strike, jurisprudence has progressively defined a precise, albeit evolving, … Lire plus
The French Highest Court confirms the impossibility for a company to carry forward to its subsequent profitable fiscal years the foreign tax credits not used due to a loss-making situation. The decision of the French Conseil d’Etat of 8 March … Lire plus
If the approach to French author’s rights has been “individualist”, historically, attached to the author as a physical person, in practice, it can be relatively complicated for the employee creations regime to respect that. Effectively, several of the French Intellectual … Lire plus
Can decisions made in breach of an SAS‘s articles of association be annulled? • Before 15 March 2023, case law constantly answered this question negatively. Drawing on the provisions of Article L. 235-1 paragraph 2 of the French Commercial Code, … Lire plus
