IP/IT

Counterfeiting liability on the internet

The digital world can be the ground for counterfeiting acts and publications of illicit contents that are harmful to individuals and legal entities.

Counterfeiting acts over the Internet can concern all kinds of intellectual property rights, as soon as a content or a product infringing such a right is accessible and/or marketed.

In addition, social networks or video sharing platforms, in particular, can be the place where illicit contents are published, such as defamatory, insulting or denigrating content for example, which can harm natural or legal persons.

It is possible to quickly obtain the removal of these infringing and/or illicit contents, in particular in application of the Law for Confidence in the Digital Economy (LCEN), which provides for a specific liability regime with respect to the hosts of such contents and to Internet access providers, and then to obtain compensation for the damage suffered.

JP Karsenty has developed an expertise in this field by regularly assisting companies or individuals who are victims of infringing and/or illegal content publications.

Ranking Décideurs Magazine 2022 :

Patent litigation - Recommended
Patents : Pharma, biotech, and life sciences litigations - Excellent
Trademark litigation - Excellent
Internet - Recommended

Legal works in this area

Consultancy

  • Analysis of a content published on the Internet to assess its infringing and/or illicit character with regard to the LCEN
  • Identification of the publisher and of the host of infringing and/or illicit contents
  • Determination of the strategy of action towards the publisher of infringing and/or illicit contents and towards the hosts of such contents

Pre-litigation -Litigation

  • Drafting of formal notice letters to publishers of infringing and/or illicit content to obtain the removal of such content
  • Drafting of formal notice letters to hosts of infringing and/or unlawful content on the basis of the LCEN to obtain the removal of such content
  • Summary proceedings to obtain the removal of infringing and/or illicit contents on the basis of the LCEN
  • Action on the merits to obtain compensation for the harm caused by the publication of infringing and/or illicit content

Track records

  • Drafting of a formal notice for a banking group, in order to obtain the removal of a website integrating infringing content and then of a summons in summary proceedings, in order to obtain the identification of its publisher
  • Drafting of a formal notice to the host of a digital content publication platform to obtain the removal of content denigrating a company and its executives
  • Drafting of formal notices to the hosts of digital content publication platforms to obtain the removal of cartoons published without the consent of the copyright holder
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