Intellectual Property Specialists
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The firM

Founded in 2005 by Vanessa Bouchara, Cabinet Bouchara & Avocats, with offices in Paris and Lyon, is a firm specialized in all aspects of intellectual property law.

Since its creation, the firm has experienced a steady level of growth with a team of dynamic lawyers who are always ready to respond to the needs of their clients.

Cabinet Bouchara & Avocats has regularly been ranked among the best law firms in the fields of Intellectual Property, Trademarks and Designs. For instance, the legal magazine Décideurs - Stratégie Finance Droit recently ranked the firm in its “High Reputation” section.

Our team of lawyers provides advice, assistance and representation in all areas of intellectual property, including:

  • Trademarks and other distinctive signs of a company
  • Advice and assistance relating to the protection of owners' rights over distinctive signs (trademarks, domain names, company names, trade names and brands). We provide the following services:

    • Prior art searches, and advice on the best strategies for registration in France, Europe and internationally.
    • Implementation of monitoring systems for trademarks, company names and domain names.
    • Filing of customs supervision records.

    Negotiation and drafting of contracts relating to sales, licenses, trademark coexistence agreements as well as contracts relating to domain names and other distinctive signs.

    Representation in opposition proceedings before trademark offices, Alternative Dispute Resolution (ADR) for domain names under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) as well as litigation in French courts and other EU jurisdictions regarding disputes arising from trademarks, domain names and other distinctive signs.

  • Designs
  • Assistance and follow-up with regard to:
    • Registering designs before relevant authorities (INPI, OHIM and WIPO).
    • Completion of prior art searches among designs.
    • Registering customs surveillance records.

    Negotiation and drafting of contracts for sales and licensing.

    Representation in litigation procedures relating to designs.

  • Authors' Rights/ Copyright Law
  • Assistance and follow-up with regard to:

    • Advice on the protection of authors' rights.
    • Follow-up of the registration procedure by a bailiff to obtain a fixed date for a particular creation.
    • Advice on assignments and transfers.
    • Filing of customs surveillance records.

    Negotiation and drafting of contracts for sales and licensing.

    Representation in the context of litigation relating to authors' rights and copyright, and any collateral issues arising from domain names and new technology.

  • Domain names and IT Law
  • Advice and assistance relating to:

    • Reservation of domain names.
    • Legal assessment of projects, websites and specific applications.
    • Creation of online advertising campaigns.
    • Compliance with the protection and processing of personal data with the French regulator for data privacy (CNIL).
    • Handling of complaints relating to online content distribution (defamation etc.).
    • Creation of online infringement monitoring procedures.

    Negotiation and drafting of:

    • IT contracts.
    • Contracts relating to databses.
    • General terms and conditions for online sales.
    • General terms and conditions for websites and blogs.

    Representation in the context of e-commerce litigation and liability resulting from online activities, in particular:

    • Domain name infringment.
    • Internet Service Provider (ISP) liability (content providers, access providers, hosting companies, blog editors etc.).
    • Pursuit of judicial proceedings and injunctions to stop all types of hacking and other invasive online activities (phishing, typosquatting etc.) and to identify offenders.
    • Liability arising from web indexing and automatic suggestions on search engines.
  • Personality Rights
  • Drafting and negotiating of contracts relating to:

    • Using personality rights (voice, image and name).
    • Agency agreement (booking and talent agencies, modelling agencies and sports agencies).

    Creation of online infringement monitoring systems.

    Representation in injunction proceedings to stop all types of damage (e.g. privacy, publicity rights, defamation and libel), including summary and emergency proceedings for all forms of online media such as social networking, blogs, press websites and audiovisual activities).

  • Advertising Law
  • Legal review of advertising campaigns and promotional activities under French law, EU law and regulations from advertising watchdogs such as the ARPP in France (l'Autorité de Régulation Professionnelle de la Publicité). These campaigns can range from contests and lotteries to reviews of direct and indirect advertising of alcoholic beverages and tobacco.

    Assistance in the establishment of partnerships, sponsorship contracts with celebrities, and in the creation and use of information and promotional campaigns.

    Drafting and negotiating contracts for advertising operators such as:

    • Orders for advertising materials.
    • Agency agreements.
    • Advertising network contracts.
    • Rules relating to promotional competitions.

    Assistance and representation in all disputes relating to these sectors (commercial use of a third party's image or trademark, misleading trade practices, misleading advertising, comparative advertising, etc.).

  • Distribution Rights
  • Negotiation and drafting of:

    • Partnership agreements, distribution agreements, franchise agreements, commission-based affiliation agreements, concession brand agreements, commercial agency agreements, etc.
    • General terms and conditions for the purchase, sale and delivery of services.
  • Unfair Competition and Free-riding
  • Advice and representation:

    • Pre-litigation and litigation actions for unfair competition, free-riding and commercial defamation.

The lawyers at Cabinet Bouchara & Avocats act both as advisors and representatives in litigation, and remain continuously up-to-date with the latest developments in French, European and international case law, as well as knowledge of new legislative developments.

A firm with a truly international outlook, Cabinet Bouchara & Avocats is a member of the International Trademark Association (INTA), one of the most important professional organizations in the area of intellectual property.