Raising funds through your intellectual property assets?

Written by Dreyfus29/07/2020

Start-ups’ executives, having difficulty obtaining loans to raise funds, may benefit from promoting their intellectual property assets, which can be used as loan guaranties or other credits. Indeed, intangible assets are among the preferred asset classes for investors seeking strong guarantees. As such, investment funds are offering more and more original solutions to fund start-ups.

Beyond the traditional tools of funding through intellectual property such as licenses, new ways of raising funds using intangible assets are emerging: auctions (by auction houses specializing in this field), online tradings, trusts, mortgages, etc.

On which assets should you base your collateral?

Patents

The patent portfolio of research companies is a valuable asset, provided it is kept under control. Under a mortgage, or a trust, the source of income, in order to be certain, requires the patent to be licensed.

Trademarks, designs

If the trademarks are licensed, they can give rise to a certain and regular income. They offer a valuable guarantee if the business is successful. For instance, in the late 1990s DreamWorks and the Tussauds Group both granted security guarantee over their IP covering both existing and future IP[1].

Moreover, designs have the advantage of having a value independent from the company’s status. Therefore, they can be a guarantee of value for investors.

Copyrights

Copyrights lasts up to 70 years after the author’s death : as such, once ownership and value are proven, they provide a valuable guarantee for the investor. Thereupon, the World Intellectual Property Organization (WIPO) has demonstrated that the taking of guarantees over copyright in the film and music industries is widespread and increasing in the biotechnology and software industries[2].

The forerunner of this financial innovation in intellectual property, David Bowie, will be remembered when he sold the “Bowie Bonds” which provided him with a regular income of over $1 million per year earned on the 25 albums he recorded before 1990.

It is therefore important to think of your intellectual property rights as real assets, and to reconsider the way they can be used: they can become effective security interests, especially for SMEs or start-ups that are launching their business.

This is true all over the world. For example, in India the government has introduced loan guarantee schemes through the possibility of mortgaging your trademarks or patents in order to encourage start-ups and cover the risk of real commercialization failures based on assets mortgaged by intellectual property rights.

To be continued!

It now appears possible to raise funds through your intellectual property assets. Dreyfus, an expert in legal issues related to intellectual property since 2004, helps you protect and enhance your rights and advises you on how to best manage your assets.

[1] [1]« Taking security over IP » Fieldfisher – February 2015

[2] « The Challenge of IP Financing » WIPO – September 2008

Sale of the domain name extensions: .cars, .car and .auto at auction

Written by Dreyfus23/07/2020

The domain name extensions (gTLDs) “.cars”, “.car” and “.auto” are about to be auctioned on July 13, 2020. Launched in 2015, these extensions have been at the forefront of innovation in the domain name and automotive marketing. They have been used around the world by dealerships, startups and major automotive technology companies.

After a five-year partnership, and more than $11 million raised, XYZ, a company offering new domain name options, and Uniregistry, both a registrar and a domain name registry, have jointly decided to divest this investment.

The auction will be conducted by Innovative Auctions, an independent auction consulting firm, and all assets to be auctioned will include the extensions in question, as well as all intellectual property rights, trademarks, social network accounts and high-value domain names such as <electric.car> and <rental.car>, which are currently reserved by Uniregistry.

It should be noted that this is the first gTLD auction in which anyone can participate. Interested parties can contact cars@innovativeauctions.com for more information.

Invalidity action: assessment of the likelihood of confusion between a trademark and an earlier company name when the companies maintain economic links at the time of filing

Written by Dreyfus20/07/2020

In a decision of the Court of Justice of the European Union from April entretiennent, 2020 Gugler France SA v Gugler GmbH (Case No 736/18), the Tenth Chamber held, in the context of an invalidity action, that there is no likelihood of confusion between a trade mark and an earlier corporate name if, at the time of filing, the companies do in fact maintain economic links, and provided that there is no likelihood of error among the public as to the origin of the designated goods.

As a reminder, the Article L711-4 of the Intellectual Property Code states that it is not possible to register a trademark that could infringe prior rights, and in particular, if there is a likelihood of confusion, distinctive signs such as the company name or corporate name.

Thus, a conflict may arise when a company files as a trademark a sign that is identical to the corporate name of a company operating in the same sector of activity, creating in consequence a likelihood of confusion. The owner of the previous corporate name will then be entitled to act to cancel the trademark.

While the coexistence of a company name with a subsequently registered trademark had already been admitted (decision of the Paris Court of Appeal from February 24, 1999), it had also been affirmed that, if the use of the prior rights infringed their trademark right, the owner could request that the use be limited or prohibited (Commercial Chamber of the Court of Cassation of November 12, 1992). Therefore, the trademark right could defeat the prior right.

Thus, in case law, there is a certain prevalence of trademark rights over other distinctive signs.

In its decision from April 23 ,2020 Gugler France SA v. Gugler GmbH, the ECJ clarified the assessment of the likelihood of confusion between a trademark and an earlier company name.

The German company Gugler GmbH registered the semi-figurative Community trade mark “GUGLER” on August 25, 2003.

On November 17, 2010, Gugler France filed an application for a declaration of invalidity of the trade mark, in respect of all the goods and services designated, on the basis of its earlier company name.

The CJEU, seized after an application filed with the Cancellation Division of EUIPO and the filing of an appeal before the General Court of the European Union, confirmed the latter’s decision and dismissed Gugler France’s application for a declaration of invalidity.

In fact, on the day the trademark was registered, there were commercial relations between the parties, Gugler France being the distributor in France of the products manufactured by Gugler GmbH. In addition, Gugler GmbH held shares in the capital of Gugler France.

The Court held that the fact that consumers may believe that the goods and services in question come from companies which are economically linked does not constitute an error as to their origin.

The Court therefore rejects the argument of Gugler France that, in order to avoid the likelihood of confusion, the economic link must exist in a particular sense, namely from the holder of the earlier rights (Gugler France) to the holder of the later rights (Gugler GmbH).

According to the Court, the mere existence of a single point of control within a group in respect of products manufactured by one of them and distributed by another may be sufficient to exclude any likelihood of confusion as to the commercial origin of those products.

By this solution of the Court, the essential function of a trade mark right, which is the function of guaranteeing the identity of origin of the marked goods or services, is also indirectly recalled. The trade mark thus serves to distinguish the goods or services of one company from those offered by another company. Therefore, in this case, the commercial links between the two parties made it possible to consider that the goods had the same commercial origin.

Figurative trademarks: be aware of the extent of your protection

Written by Dreyfus17/07/2020

The judges of the Paris Court of Appeal, ruling on a referral from the Court of Cassation, adopted a strict approach to similarities between a figurative trademark and a later , semi-figurative trademark in a dispute between two companies specialized in ready-to-wear clothing.

The company Compagnie Financière de Californie (“Compagnie de Californie”), which specializes in street wear chic clothing, is the owner of the trademarks on the sign, in particular for clothing products.

In 2013, the company noted that International Sport Fashion, also active in the fashion industry, had registered and used a trademark that it believes to be similar to its own:

The signs in question have the shape of an eagle’s head, without detail, reproduced in black and white within a circle.

In order to obtain compensation for the damage it considers to have suffered, Compagnie de Californie brought an action for infringement.

After having been dismissed at first instance and on appeal, the company turned to the Court of Cassation, which referred the case back to the trial judges after partial cassation.

The referring Court of Appeal first compared the trademarks in question. Its analysis is rigorous, particularly from a conceptual standpoint: it considers that the trademark of Compagnie de Californie refers to “the dark side of the bird of prey while the other refers to the image of a much less aggressive bird” (certainly due to the presence of a closed beak).

The court points out, among other things, that visually, these birds’ heads are not facing the same direction and that one has the beak closed and the other open.

On the phonetic level, the court notes, unsurprisingly, that the mark at issue will be pronounced “Eagle Square” in reference to the verbal element it contains, which will not be the case for the earlier mark.

The court, therefore, considers that there is no likelihood of confusion between the marks.

Next, it examines the question of the exploitation by International Sport Fashion of its mark for clothing products. The Court takes into account all possible elements such as the packaging which contains the goods. The name “EAGLE SQUARE” is affixed to the packaging; it, therefore, considers that there is no likelihood of confusion in the minds of consumers.

It also states that the contested sign which appears by itself on some of the articles is each time bicoloured, “inducing a caesura in the sign”, which gives an overall impression, very different from the earlier mark.

The court, therefore, did not grant the applications of Compagnie de Californie.

Thus, with respect to figurative marks, it is necessary to meticulously estimate the chances of success of an infringement action, since great similarities are generally required to recognize the likelihood of confusion.

This case shows that even marks with a comparable style (presence of a bird in a circle, with only the head entirely painted black) can coexist in the market.

It is questionable whether the Court of Appeal would have taken a different approach had International Sport Fashion affixed the only black and white eagle head to its products. The question also arises as to whether the outcome might have been partially different had California Company also registered, as a trademark, its coloured eagle (which can be found in red on its official website https://www.compagniedecalifornie.com/).

Therefore, in addition to a detailed analysis of the chances of success before bringing an action, it is also necessary to protect the trademark as exploited, taking into account its variants, so as to benefit from the widest possible scope of protection.

Questions and answers about the new opposition procedure before the French trademark office INPI

Written by Dreyfus15/07/2020

Since December 11, 2019, the French opposition procedure has evolved. We provide an update on the changes and questions.

Key elements about the French opposition against trademarks

Typically, as soon as a trademark application could infringe a prior trademark right, it is possible to prevent its registration by opposing said trademark application directly before the French Trademark Office INPI.

This was the case before the reform and it hasn’t changed since: an opposition can be filed against a French trademark application or an international trademark designating France.

The time limits to act remain unchanged and are as follow:

– Regarding the registration of a French trademark application, an opposition must be filed within two months of the publication of said application in the French Official Bulletin of Industrial Property (BOPI).

– In the case of an international trademark application designating France, the opposition request is filed within two months of the publication of the registration in the WIPO Gazette of International Trademarks.

This procedure has evolved since December 11, 2019, offering a new opposition process.

In which situations does the new opposition procedure apply?

– Applicable to French trademark applications filed as of December 11, 2019, for trademarks published in the BOPI as of January 3, 2020.

– Applicable to French designations of international trademark applications, published in the WIPO Gazette as of December 11, 2020.

What is the purpose of this reform?

This reform was implemented in order to reinforce the adversarial principle, by allowing the parties to exchange and compare their arguments throughout the procedure, on the one hand; and on the other hand, to support the analysis of evidence of use of the earlier trademark.

What are the changes brought about by this new opposition procedure?

If you wish to oppose a trademark application filed after December 11, 2019, you can now :

– Base your opposition on other rights than trademark rights (which were not previously taken into account) such as well-known trademarks, company names or corporate names, trade names, signs or domain names;

– Invoke several previous rights in the same opposition (provided they belong to the same owner) ;

– Ground your opposition within one month by filing the statement of grounds on which the opposition is based. At the end of this period, the opposition is notified to the opposite party. However, it is impossible to extend the scope of the opposition during this period, either to other goods or services referred to in the initial application, or to other prior rights.

On the rights and grounds that can be invoked

What are the rights and grounds for the opposition?

Prior to the reform, the rights and grounds on which an opposition could be based were as follows:

– Earlier trademark;

– Geographical indication or application for a geographical indication;

– Infringement to the name, image or reputation of a local authority.

With the reform, the following previous rights are added:

– Well known trademark;

– Corporate name;

– Trade name, sign and domain name ;

– Infringement to the reputation of a public establishment of a public establishment for inter-municipal cooperation;

– Name of a public entity ;

– Trademark registered by an agent without authorization.

Is the examination of evidence of use deeper?

Genuine use, or proper reasons for non-use, must be reported for each good and service invoked in support of the opposition. Thus, the earlier trademark will only be deemed to be registered for the goods or services for which this demonstration has been made. The INPI is now in charge to carry out said examination. In the past, only the courts were in charge.

As far as domain names are concerned, since the GDRP the Whois records are anonymized. How can it be justified that the person who made the domain name reservation has the right to file an opposition?

If the Whois record is anonymous, then in addition to the anonymous Whois record, any document establishing the existence and identity of the domain name holder can be provided. It can be for example the certificate from the Registrar or an invoice showing the reservation of the domain name.

About the procedure

Which are the changes in the course of the procedure?

A phase of exchanges, also known as the “instruction phase” is set up. It starts with the notification of the opposition to the applicant. This instruction may include up to three phases of exchanges between the parties.

From now on, the procedure is no longer confined to a 6-month period. It is however subject to the principle of « silence is tantamount to rejection », within a period of 3 months. This means that if the INPI has not ruled within 3 months following the end of the exchange between the parties, the opposition is rejected.

The duration will therefore vary according to the number of replies from the parties, but in any case may not exceed 13 months.

What are the cases of suspension of the procedure?

Suspension is possible in several cases:

– When one of the rights invoked in support of the opposition has not yet been accepted or is subject to a legal action;

– At the initiative of the French trademark Office, the INPI.

The entire procedure is suspended when the opposition is based on several rights, even if the suspension concerns only one of the rights invoked.

The duration of the suspension in the event of a joint request by the parties is extended to 4 months and renewable twice, i.e. 12 months in total, instead of 6 months in the past.

On the role of the INPI

Does the French Trademark Office INPI have more power in the new procedure?

This new opposition procedure greatly strengthens the role of the INPI.

Before the new procedure, the role conferred on the INPI in the examination of proof of use was limited: apart from cases where the lack of use was proven, the opposition procedure was not closed.

At present, where the applicant requests proof of use of the earlier trademark, it is up to the INPI to decide on the genuine nature of the use of the earlier trademark for each of the goods and services invoked in support of the opposition.

This reform reinforces the adversarial principle and, consequently, the protection of the rights of trademark owners.

Coronavirus: the measures implemented by intellectual property offices to deal with the health crisis

Written by Dreyfus30/06/2020

The whole world’s been in slow motion since the Covid-19 virus spread. Thus, state governments are doing their best to maintain the continuity of the administration despite the implementation of containment measures,. Since an ordinance of March 16, the offices have decided to extend procedural deadlines that expired during this period of health crisis.

Here’s a list of the provisions that offices have put in place in order to allow better management of procedures related to trademarks, as well as patents.

INPI, The National Institute of Intellectual Property

The INPI decided in its order n°2020-32 of March 16, that the deadlines for proceedings relating to patents, trademarks and designs will be extended to 4 months for procedures concerning patents, trademarks and designs. However, the deadlines for priority for international extensions, for payments for patent and supplementary protection certificate filing, which are subject to supranational provisions, have been excluded.

The order adds that “in the event of failure to comply with a deadline, the health crisis will be taken into account when examining the procedures for appealing for restoration or for a forfeiture statement to the INPI. »

It should be noted that the bill put in place by the government was adopted by Parliament on March 2: the aim is to enable the Government to legislate by ordinance in many areas, including that of intellectual property. This ordinance thus includes provisions concerning the extension of the deadlines stemming from the Intellectual Property Code, including those relating to the opposition procedure.

In accordance with the new order dated March 25 (No. 2020-306), the INPI extended the delay of deadlines for procedures concerning trademark oppositions, trademark renewals or design extensions : it allows to benefit from thecorresponding grace period or for the filing of an administrative or judicial appeal.

In this way, it extends the deadlines which expire between March 12th and June 23rd. The statutory deadline for taking action runs until July 23rd if the initial deadline was set for one month, and until August 23rd if it was for two months or more.

The INPI is already planning to extend its deadlines until July. In the weeks to come, it will be necessary to closely monitor the news from the office.

EUIPO, European Union Intellectual Property Office

The Office had stated in its Decision No. EX-20-3 issued on March 16, that all deadlines expiring between 9 March and 30 April 2020 included, would be automatically extended until May 1st, 2020. Since May 1st is a public holiday, the deadlines were therefore extended until May 4, 2020.

EUIPO subsequently explained its decision on March 19. By the expression “all deadlines”, it meant all procedural deadlines, whether fixed by the Office or of a statutory nature. “They are stipulated directly in the Implementing Regulation,” with the exception of the deadlines relating to matters not covered by certain regulations, such as that on the European Union trademark (2017/1001). It is therefore applicable to all procedures, whether for trademarks, patents, renewals or opposition proceedings.

More recently, on April 29, WIPO’s Executive Director issued the Decision No. EX-20-4, extending all deadlines expiring between May 1st and May 17, to May 18, in order to further support and assist users during the COVID-19 pandemic.

WIPO, the International Intellectual Property Organization

In the opinion (No. 7/2020) issued on March 19, WIPO introduced possible remedies for failure to comply with the deadlines under the Madrid system and modalities for the extension of the deadlines when the national offices are closed.

With regard to the international registration of trademarks, WIPO added that the extension of the deadlines is automatic in the event that an IP office is not open to the public. Therefore, if a deadline for a provisional refusal expires on the day an office is closed, it will be extended on the first day following the opening of the office.

The opinion adds that, with regard to trademarks, applicants may request the continuation of the procedure without having to justify themselves, in particular for all matters relating to an international trademark application, a request for registration, a request for modification of a subsequent designation, etc…

WIPO has also recently announced automatic extensions of the deadlines in cases where a national IP office is closed to the public and in the event of disruption in postal or mail services.

USPTO, the United States Patent and Trademark Office

In a press release of March 16 and 19, USPTO had announced that it was waiving the late fees in certain situations for applicants affected by the coronavirus, as well as the requirement of an original handwritten signature in ink for certain documents.

On April 28, USPTO announced an extension of the deadlines up to May 31, 2020. This means that some actions that were due in this period can be postponed to 1 June. The USPTO gives an extension for certain deadlines between March 27 and April 30. This period runs to 30 days from the original deadline.

In order to obtain the extension, applicants or patentees must “submit a declaration that at least one person responsible for the delay has been affected by the COVID-19 pandemic, due to office closures, financial problems, inaccessibility of records, illness of a family member, or other similar circumstances. »

In other countries of the world

-The Canadian Intellectual Property Office is extending the deadline to July 6th, 2020.

–The German Patent and Trademark Office affirmed in a statement dated May 11 that the extension of the deadlines will be until June 2.

–UKIPO, the United Kingdom Office declared on May 7, 2020 that all deadlines falling on or posterior to March 24, 2020 (being those interrupted days) will be extended to the following interrupted day. The period of interruption will end on July 29th. This extension applies to most deadlines for patents, trademarks, supplementary protection certificates and designs.

–The Benelux Organisation for Intellectual Property is the most rigid office. Indeed, in a press release dated March 16, it discloses that trademark applications referring to coronavirus will be refused registration. However, in a press release of March 20, it revised their position by saying that “the BOIP will not withdraw any application or procedure because a given deadline has not been met. This also applies to opposition proceedings not filed on time or to payments not made on time”. These measures will be applicable until May 20, 2020, at least.

The WIPO website regularly updates information on the provisions adopted by various intellectual property offices in order to keep abreast of the various communications that offices can make around the world. With the introduction of deconfinement measures in some countries, including France, it will be necessary to closely follow the future news.

Dreyfus can assist you in the management of your trademarks portfolios in all countries around the world. Do not hesitate to contact us.

Instagram and social networks : what rights do users have in their posted photos?

Written by Dreyfus18/06/2020

With the development of social networks, creativity on Internet expanded to a point that it became almost imposible for an artist or a brandto not have their Instagram or Facebook page. The presence on social networks has become an almost essential prerequisite for the reputation of an artist.

The Terms of use of Instagram, especially popular with photographers for exhibiting their work, provide that users remain as owners of the content they post on the network. However, in several recent cases, photographers have noted their work shared or reposted without being able to oppose.

Therefore, an essential question arises :Do we keep the ownership of the photos we post on social networks ?This question seems to animate the debate between different countries.Inthe US the answer looks negative, while, on the other hand, France seems to be more protective.

Precedents on Instagram : The Richard Prince Case

In 2015, Richard Prince, stylist, painter and photographer chose to expose screenshots of the social network Instagram with different pictures without obteining the author’s agreement. He earned more than 100 000 dollars from the sale of these artworks, and the authors of the original pictures didn’t receive any money for this commercial exploitation.

In the United States, this practice falls under the so-called « Fair use » exceptions which alllow an artist to work from an existing picture and to transform it without infringing the copyrights.

A circumvention of the law: the Mashable case

More recently, the american information website Mashable wanted to publish an article related to the work of ten women photographers. One of them, Stephanie Sinclair, denied Mashable the right of using her artwork. The site therefore bypassed this refusal by using the Instagram network function “embed”, allowing to share content without having to download it. Thus, the image used is only stored on the social network and not on the server of the Mashable website, directly.

The New York Southern District Court, in a judgment given on April 13, 2020, declared that the author of the photographs posted on a public Instagram account could not oppose that an online media integrates them in his articles. In addition, the judge based his decision on the Terms of use of the social network which provide that users grant for each posted image “a non-exclusive right, free of rights, transferable, sublicensable and worldwide“. According to the judge, the integration of an image on a third-party site therefore constitutes a sub-license right.

It is considerated that when a user posts a photo on a public Instagram account, they give their agreement for all use via the « embed » function.

Following this decision, the photographer Stephanie Sinclair said she would appeal.

What about French law on social networks ?

In France, this statement may be attenuated by articles L.131-1and L.131-3of the Intellectual Property Codewhich prohibit the “global transfer of future works” and provide that “the transmission of the rights of the author is subject to the condition that each of the rights transferred is the subject of a separate mention in the deed of transfer and that the area of exploitation of the rights transferred is defined as to its extent and destination, as to the place and as to the duration”.

Based on this, the Paris Tribunal de Grande Instance (High Court of Paris) has already judged unfair, in the Twitter (2018) and Facebook (2019) cases, clauses similar to that invoked by the American judge concerning Instagram.

In short, while the struggle of artists in the United States to assert their rights on social networks and particularly on Instagram, seems laborious, it should be noted that French law is more protective of authors and artists. To be continued

Dreyfus can assist you in the protection of your rights on social networks in all countries of the world. Do not hesitate to contact us.

Will trademark non-use due to quarantine be considered a valid reason?

Written by Dreyfus12/06/2020

Due to the current health situation, the majority of companies have reduced their activity. This suspension or reduction of activity will have an impact on all intellectual property and may in particular result in the non-use of the trademark by the owner, leading to its forfeiture.

In fact, in accordance with the French law, and more specifically Article L714-5 of the Intellectual Property Code, if a trademark is not used for an uninterrupted period of five years for the goods and services covered by the registration, the court may, order the revocation of the trademark and the cancellation of its registration, at the request of an interested third party

The holder must therefore ensure that there is genuine use during this five-year period, i.e. real exploitation.

Thus, owners of trademarks that had not been exploited before the health crisis and quarantine could not start or resume exploitation. This unprecedented period could therefore lead to a period of non-use of more than five years.

However, the trademark owner may invoke a valid reason justifying the absence of serious use. According to established case law, this just reason must have a direct link with the trademark, be a circumstance outside the control of the trademark owner which has made the use of the trademark impossible or excessively difficult.

Therefore, it seems that the court may consider the restrictions imposed by the Government because of the pandemic as a valid excuse for the non-use of the trademark by the owner. Indeed, this obstacle, which is external to the owner’s will and which has made the use of the trademark extremely difficult, may be qualified as a just cause which will prevent or should lessen the delay of a possible revocation of the trademark.

World Anti-Counterfeiting Day: issues and challenges

Written by Dreyfus10/06/2020

In honor of the 22nd World Anti-Counterfeiting Day, Dreyfus Law Firm attended a Webinar organized by INDICAM(Istituto di Centromarca per la lotta alla contraffazione) involving directors of various anti-counterfeiting organizations: GACG, EUIPO, UNIFAB, INDICAM, ANDEMAand ACG.

Anti-counterfeiting issues are always of paramount importance. In fact, approximately 5% of imports into the European Union are counterfeit products. The counterfeiting market is very lucrative for counterfeiters: it requires a very low investment for a very high profit. In addition, the risks associated with it are lower.

During the health crisis linked to the Covid19, the sale of counterfeit products increased significantly: masks, hydro-alcoholic gel, medical equipment; and all this to the detriment of the population’s health. This phenomenon was particularly observed on Marketplace platforms, which were forced to invest impressive means to suppress fraudulent advertisements.

Consequently, the question arises: if the platforms are capable of actively combating the sale of counterfeit medical products in times of crisis, why cannot the same be said of other acts of counterfeiting? Cooperation with the platforms should therefore be initiated to this end. European associations are closely following the progress of the Digital Single Act, which should represent an additional opportunity in the protection of rights.

Moreover, during the health crisis, the fight against counterfeiting has mainly been focused on medical products and devices. As a result, many infringements went undetected. For example, only products arriving by air were checked during this period and not products imported via cargo ships. To make things worse, in Belgium, for example, all the police officers whose mission was usually to combat counterfeiting were requisitioned in order to enforce anti-Covid-19 measures.

With the coronavirus, the fight against counterfeiting must therefore be stepped up. One of the challenges for the years to come is to provide consumers with the best possible information. Delphine Safarti-Sobreira, Director of UNIFAB (Union des Fabricants), said that awareness campaigns were already being launched through various media, including television broadcasts and YouTube. The next step will be to convince the government to introduce compulsory education in schools on this subject.

Three elements are essential in order to fight effectively against counterfeiting: an effective law, more information for consumers and an unwavering determination to continue the fight.

Dreyfus can assist you in the management of your trademarks portfolios in all countries of the world. Do not hesitate to contact us.

The important business of domain names related to the coronavirus: simple speculation or sophisticated scams?

Written by Dreyfus08/06/2020

Individuals, entrepreneurs, professional url brokers… all are trying to buy and resell domain names with keywords related to the virus. The prices go up to several thousand euros. For example “corona-vaccination.fr” was bought on March 16 by a German developer, who is now offering it for sale for 9,000 euros.

The DomainTools search team began monitoring the terms related to Covid-19 in February 2019. From a slight increase in domain names using the terms “Coronavirus” and “COVID-19” at the begining, to registrations with a significant spike in recent weeks, it is clear that many of them are scams!

Among them, there is a site developed by a private individual offering the user to install an Android application called “CovidLock”, claiming to have a tool for monitoring the epidemic in real time. In reality, it is a ransomware that asks for of $100 Bitcoins. Thanks to a proactive “hunt”, DomainTools detected it within hours of its creation, before it claimed any victims, and was able to obtain the scammer’s Bitcoin wallet.

Many domain names that should be watched closely at the height of the epidemic, are paving the way for resale at hefty prices or for cyber attacks!