Whether there are led independently or as a complement to a lawsuit in counterfeit, unfair competition litigations and/or free-riding litigations confront direct or indirect competitors and often involve important economic interests.
Benoliel Avocats is used to handling these litigations before the commercial courts when IP rights are not at stake.

Litigations may involve packaging, products, services and/or slogan counterfeits, the repossession of business strategies as well as unfair business practices such as negative publicity, misleading/false advertising or illicit comparative advertising.

Commercial Law issues, sometimes comparable to IP matters, also represent a significant part of Benoliel Avocats’ activities: sudden termination of business relations, writing of trademark agents and brand ambassadors’ contracts, letters of intent, confidentiality agreements, repurchase/sale of intangible assets, etc.

The firm represents its clients before both civil and commercial jurisdictions and assists them during negotiations and transactions.

The team provides advice and support in trademark law, copyright, design and model copyright to automotive manufacturers, suppliers and designers as well as to Associations aiming at preserving and promoting classic cars’ cultural heritage.

VERBATIM

« Your expertise in trademark ownership enabled us to elegantly overcome the vicious attack of our opponents. I had deeply held convictions and solid arguments, but they needed to be translated and integrated into a coherent conclusion, enforceable by law. Your expertise and experience, as well as that of your collaborators, came into action. As successive conclusions were drafted (5!…), I noted your implacable legal strategy as it fell into place and I felt reassured. On “D” day, you defended the case before the court so well that the judges clearly committed to our plea. The judgement they rendered was so thorough that our opponent could not file an appeal. Thank you once again. »

– Mr B, Trademark protection officer at FV –

Benoliel Avocats has represented an English company concerning a trademark revocation due to fraudulent trademark registration, and unfair competition in the cosmetic cream industry.

The firm has also obtained, before both the Paris Commercial Court and the Court of Appeal, the dismissal of all claims regarding unfair competition and free- riding that a company of the service and care sector filed against its client, a key player of the hair removal sector.

VERBATIM

« To entrust Sylvie Benoliel Claux with a case means collaborating with an expert who has fully mastered intellectual property and its legal evolutions, who is remarkably eloquent and puts her perfectionism at the service of her clients. Precise, efficient and combative, Sylvie has excellent interpersonal skills both didactic and attentive at once. »

–  Me HB, Brand director for a Pharmaceutical group

« Maître Sylvie Benoliel enabled us to win a trial regarding intellectual property and unfair competition in the cosmetics industry. Her professionalism is remarkable and we can only recommend her distinguished record of services. »

–  Mr FA, natural cosmetics Company Director –

Benoliel Avocats successfully defended a key player of the mass distribution industry in litigations initiated by a brand specialising in handmade pastries for unfair competition and free-riding on the grounds that it was commercialising similar products using similar customary codes.

The team also assists a European leader in cultural retail and household appliances distribution concerning IP rights claims or appeals lodged against decisions made by the INPI.

Thanks to its expertise in trademark law and unfair competition Benoliel Avocats can advise hotel groups so as to perpetuate their IP rights and ensure the sustainability of their activities.

The firm has recently successfully defended a luxury hotel taken to court for infringement of copyrights regarding the lamps installed in its bedrooms and corridors. The court of appeal invalidated the “first instance” decision, considering that the claimed lamp could not benefit from copyright protection thus rejecting the claimant’s case.

Benoliel Avocats represents a French company commercialising agricultural machines against one of its foreign competitors concerning patent litigations: the dispute focuses on acts of patent infringement and unfair competition litigations as well as on the validity of the confiscation.

Benoliel Avocats frequently assists a major French audiovisual group in the management, valorisation and protection of their IP rights.

Under the terms of a final decision, whereas copyright infringements had been held against the group, the firm secured the use of the logo of one of the group’s flagship program.

Benoliel Avocats represents and assists authors composers and right-holders in the management of their economic rights as well as in legal proceedings pursuing an efficient exploitation of their creations.

VERBATIM

« I have had the pleasure of working with Benoliel Avocats on both a transactional matter (an intellectual property licence) and a dispute (copyright infringement) so I have seen the breadth of their work. In both cases, we have received fast and thorough advice. Benoliel Avocats work well with international companies and have mastered the art of explaining the intricacies of French law to common law- trained lawyers, for which I was particularly grateful »

– Ms AS, CORPORATE COUNSEL, INTERNATIONAL MEDIA COMPANY –

Benoliel Avocats advises companies of the eyewear jewellery, fragrance, fashion and footwear industries on designs and models, trademark and copyright litigations.

The firm negotiates contracts for fashion and design makers, while assisting them in the management, the licensing or the transfer of their IP rights.

Benoliel Avocats offered competent advice and successful legal representation to a jewellery designer regarding a copyright and unregistered Community designs infringement action against a communication agency and its clients when these later used several pieces of the designer’s jewellery in their commercials, without permission.

The firm also legally assists advertising agencies and departments as well as start- ups of the fashion, luxury and lifestyle industries.

VERBATIM

« My experience with Benoliel Avocats was outstanding – they are professional, competent and experienced with regard to all matters of Intellectual property law. Working with Sylvie was both efficient as well as effective and her ability to communicate in fluent English a great advantage for international clients. I can highly recommend Benoliel Avocats to anyone that wants to get things done right »

–  Mr CH, CEO of a UK design Company –

« Maître Sylvie Benoliel is not like any other lawyer. She has managed to protect our designs with personal belief in each specific matter, more often than not against mastodons. As verdicts were handed out, we became aware of our own value and it is thanks to our collaboration that I have learnt so much about IP rights. Bust most of all, it is Maitre Benoliel’s relational approach and depth knowledge of the issues that I most appreciate. I often recommend Benoliel Avocats to my peers. »

– Mme LD, Managing director for a high-end fashion jewellery designer –

Benoliel Avocats offers legal advice to a German company specialised in the production of advertising material and ‘gift ideas’ regarding IP rights, customs procedures and French trade laws.

VERBATIM

« I have worked with Sylvie on a number of trademark and counterfeiting matters for German clients. Her advice is always top-notch and it proves that she has a deep understanding of French IP law. On top of that, her command of the English language singles her out, especially in the French market. I can thus wholeheartedly recommend Sylvie Benoliel-Claux as an IP adviser and litigator in France »

– Me DK, German Lawyer –

Benoliel Avocats assists photographers, artists or artists’ agents in the valorisation and protection of their IP rights, and more specifically in the writing and negotiation of contracts for exploitation of their copyrights or before the Courts.

VERBATIM

« When you are an entrepreneur and an artist, everyday that goes by the job is to make things happens and to know how to mix opportunities and how to gather the energies around it to get things done… But any move is related to intellectual property and how to protect and share it… I have the chance to know Sylvie for 19 years now and every step I take I have her on my side telling me where to be careful and where to feel free with no boundaries… It is a luxury to have an expert and friend at your side that is accurate focused and positive… She has that talent to set limits without stopping the game… »

– Mr RM, Founder of LJH –

« Creative and strategist, rigorous and precise, always tuned to your needs and very available, Maître Sylvie Benoliel restores lawyers’ badge of honour practising her profession with empathy and kindness. She combines these valuable qualities with a leading-edge expertise in IP rights, outstanding competence and a perfect mastery of legal procedures. I heartily recommend her, without reservation, to anyone seeking reliable and highly qualified legal advice as well as calm and secure professional relationships. »

– Mr NG, Editing Director –

« As a photographers’ agent, I know IP rights are to be protected. Maitre Sylvie Benoliel is an expert in this field. Thanks to her experience and ability to listen she understands our questionings and answers with precision; thanks to the interest and respect she has for our professions, she’s able to successfully defend our cases. She makes every battle a success. The trust that has been established between us for a number of years enables Maitre Sylvie Benoliel and I to judiciously discuss both commercial and artistic photography. Irreplaceable! »

– Mme P, Artists’ agent –

Benoliel Avocats places its expertise at the service of an important network of funeral directors in France, about the valorisation and defence of its trademarks (some of which use a family name) as well as to unfair, disloyal and free-riding competition issues.

The firm takes actions in trademark law for French or foreign clients of the wine and spirits industry who wish to develop their activities on French territory.

Before the French jurisdictions, Benoliel Avocats has assisted a spirits company sued for copyright infringement by a trademark which has since been invalidated. The litigation, followed by Benoliel Avocats, raised unprecedented questions before the Court of Cassation and became the subject of a preliminary ruling before the European Court of Justice.

In worldwide litigations opposing two Asian firms, Benoliel Avocats represented a renown spirits company before the French jurisdictions regarding a fraudulently registered trademark.

As well as teaching in universities, business schools and design colleges, Benoliel Avocats provides trainings to its clients’ legal and operational teams in order to raise their awareness to the challenges of Intellectual Property.
These trainings are custom-made to meet the company’s needs and sector of activity.
Amongst others, Benoliel Avocats has trained the operational teams of one of its renown clients regarding the obstacles and traps of trademark licence agreements.

The firm also conducts webinars focusing on specific subjects regarding a given sector (e.g., the cosmetic industry).

ba@benoliel-avocats.com

On monthly or annual subscription, Benoliel Avocats offers its clients ad-hoc consultations regarding the daily or recurrent issues their business faces in Intellectual Property.

ba@benoliel-avocats.com