Advice to a consortium of well-known brands (in the luxury, retail and sports sectors) in connection with the development and implementation of a joint anti-counterfeiting strategy targeting the Saint-Ouen flea market (Seine-Saint-Denis), which has become a hub for the distribution of counterfeit goods in France.
Faced with the extent of the counterfeit trade in the Saint-Ouen flea market, and the fact that their efforts and those of the authorities are having difficulty producing results when faced with anonymous and unaccountable sellers, BCTG Avocats’ Intellectual Property team and its clients have decided to involve the owners of the commercial premises in which this counterfeit trade is thriving, to advise them of the situation and, in their capacity as intermediaries, order them to take all measures at their disposal to put an end to these unlawful activities.
Four summary orders were issued ordering the owners of commercial premises to take various measures to prevent further acts of infringement, including an injunction to reveal the identity of the lessee, to disclose the lease agreement, and to provide proof of the measures taken to remind the lessee of its obligation to comply with the intellectual property rights of third parties.
These orders were confirmed on the merits in 2021: the lessees were ordered to pay damages and prohibition measures for infringement of the trademarks in question. The lessors, whose status as intermediaries was systematically recognised, were ordered to terminate the leases within a given period. Not all rulings are yet final.
This is an example of how we can identify new and effective ways of fighting counterfeiting.
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