“Get off of my cloud”: Paris court rules in favor of Rolling Stones logo owner in infringement case

In May 2019, French customs seized 1,000 badges reproducing the Rolling Stones’ “tongue and lips” logo, the red lips replaced by the Breton flag. Its rights holder, M. BV, sued, and on 25 February 2021 the Paris court ruled in its favour. On trademarks, the reputation of the logo in the EU was established — created in 1971, its original artwork acquired by the Victoria and Albert Museum in 2008, exploited in concerts and partnerships from Zara to Olympique de Marseille and PSG — in the line of the CJEU’s Sabel v. Puma. On copyright, John Pasche’s design, assigned in 1976, was held original despite the alleged inspiration from the goddess Kali; and the parody exception (Deckmyn) failed for want of any humorous intent expressed. Damages: EUR 10,000 for trademark infringement and EUR 5,000 for copyright, on a moral basis, economic loss being unproven.

Fendi v Rolo Fashion: Assessing Damages When Counterfeit Sales Do Not Translate into Lost Sales

Establishing infringement and pricing it are two very different exercises. In Fendi Italia Srl & Ors v Rolo Fashion Ltd & Anor [2026] EWHC 1703 (IPEC), four LVMH houses had already obtained judgment in default on liability; what remained was the assessment of damages for the online sale of counterfeit luxury goods. HHJ Hacon refused to treat the quality of “superfakes” as proof of substitution, rebuilt the scale of the trading from incomplete disclosure, and settled on 4,752 sales, a substitution rate of 15% and £200,000 of lost profit. For the remaining 4,039 transactions he applied the user principle, held the hypothetical royalty available in trade mark cases and set it at a “bare minimum” of 3%; reputational harm was rejected for want of evidence. This article reads the judgment against Article 13 of Directive 2004/48 and asks what online monitoring must preserve if a loss is later to be proved.

19 August 2026
Initially published on iptwins.com

When the Lion Saves the Panther from Counterfeiting: Anatomy of a Fraudulent Online Store and the Evolution of Cybersquatting

Cybersquatting is no longer limited to the opportunistic registration of a domain name. In WIPO Case No. D2026-1806, Metro-Goldwyn-Mayer Studios obtained the transfer of pinkpanthershop.com, a domain operating a fully-fledged fraudulent online store built around the Pink Panther brand: polished visual identity, seamless purchasing journey, legal notices and a false sense of legitimacy. This article dissects the anatomy of such fraudulent ecosystems and the technical and legal indicators that reveal them, from warehouse locations to privacy shields. It also revisits the role of disclaimers in UDRP proceedings — including the Oki Data criteria — and shows why bad faith must be assessed in context. A telling illustration of how online brand protection has shifted from defending names to dismantling infrastructures.

22 July 2026
Initially published on iptwins.com

Lacoste v Shein: When a Platform Can No Longer Hide Behind Hosting Status

A platform is not one legal object. In Lacoste v Roadget Business Pte. Ltd. and Infinite Styles Services Co. Ltd. (Paris, Pôle 5 ch. 1, 8 July 2026, RG 25/12454), the Court of Appeal refused to let the operators of shein.com shelter behind the hosting exemption of Article 6 of the Digital Services Act: goods “sold by Shein”, Shein labels and packaging, and the Commission’s designation of the service as a very large online platform revealed a hybrid activity, and the characterisation attached not to the platform as a whole but to the role actually played in the disputed transactions. The judgment reaches beyond the twenty offending products. “Lacoste”, typed into the internal search engine, infringes the word marks; “crocodile”, a free word, grounds unfair competition and parasitism. Interim damages rise from €30,000 to €300,000 — the defendants’ own failure to disclose their turnover counting against them — and the measures run across the European Union.

28 August 2026
Initially published on iptwins.com

COSHIELD: The Scope of the UDRP in Trademark Disputes

Not every dispute involving a trade mark and a domain name amounts to cybersquatting. In Polyco Healthline Limited v. David Beatson (WIPO Case No. D2026-1893), the panelist denied the complaint brought against coshield.com, a domain used since 2020 to sell personal protective equipment in the very sector where the complainant has exploited its SHIELD trade mark since 1997, and despite a settlement agreement concluded between the parties in 2021. The decision turns on the moment of acquisition: created in 2014, the domain name appears to have changed hands in May 2020, at the outset of the COVID-19 pandemic, and the combination of “Co” and “Shield” could describe the business rather than target Polyco. The evidence being “finely balanced”, bad faith was not established. This article examines why trade mark infringement and cybersquatting are two paths that do not necessarily converge.

23 August 2026
Initially published on iptwins.com

Article Information

Author

Emmanuel Gillet

Publication Date

28 May 2021

Jurisdiction

Industry

Related Decision(s)

RG 19/08859Tribunal judiciaire de ParisLogo des Rolling Stones (badges bretons)2021-02-25
C-251/95Court of Justice of the European UnionSabel BV v. Puma AG, Rudolf Dassler Sport1997-11-11
C-201/13Court of Justice of the European UnionDeckmyn v. Vandersteen2014-09-03
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