Posts Tagged ‘France’

Memo to the Bourbon Family

The French revolution is over.  You lost!

A French heir of Louis XIV has taken the current management of his ancestor’s palace to court to ban an exhibition by modern US artist Jeff Koons that he feels dishonours his family’s illustrious past. …

On Wednesday, judges at Versailles’ administrative court were examining [a demand by Prince Charles-Emmanuel de Bourbon-Parme] for an emergency injunction to halt the show, which his suit brands “a desecration and an attack on the respect due to the dead.”

His complaint cites what he terms “right immemorial” of all mankind to see its forefathers respected and to have a “right of access to their heritage without pornographic restraint.”

Republican France of course does not recognize titles of nobility, or royalty for that matter.  Prince Charles-Emmanuel de Bourbon-Parme is, under French law, just some guy.  It would seem that, unless French law really does recognize some right immemorial to access one’s heritage without pornographic restraint, the Prince would need to file an action to clear title to Versailles.

The very little knowledge I have of continental law comes from representing a French building products company in a class action over allegedly defective siding, but I’m sure France has some analogue to the doctrine of adverse possession under American or British common law.  The Prince, it would appear, has a hard road ahead if he wishes to recover some small part of his patrimony.

As for Jeff Koons, and his allegedly pornographic art, you may view it here.  I have a four year old niece of whom I’m quite fond, and I’ll bet she’d love a Jeff Koons reproduction.  Evidently standards for what constitutes pornography among French ex-royalty are pretty loose.

French cafés in decline

You have to get down to paragraph 8 in the New York Times account before you begin to learn about the effect of a nationally legislated smoking ban. “So, there it is. Your café culture is inconsistent with the safety world you have chosen.” (Althouse, Nov. 23; Steven Erlanger, “Across France, Cafe Owners Are Suffering”, New York Times, Nov. 22).

French president: I’ll sue voodoo-doll maker

The company offers a doll for sale resembling President Nicolas Sarkozy (as well as one of his rival, Socialist Segolene Royal). “The doll bears a number of colorful quotes from the outspoken statesman (such as ‘Get lost, you pathetic ______,’ which he allegedly said last year to someone who refused to shake his hand) and comes with a manual telling buyers to stick pins in the quotes.” The nastygram from Sarkozy’s lawyer says the maker must recall the 20,000 dolls or it will infringe on Sarkozy’s “exclusive and absolute rights over his own image”. (Lowering the Bar, Oct. 22; BBC).

eBay and counterfeits, cont’d

Now it’s software makers talking about suing the auction provider for not doing more to police the sale of pirated copies. In contrast to the unsuccessful action by Tiffany ruled on earlier this month, such a suit might rely on copyright as opposed to trademark law. (Holly Jackson, “Software makers threaten to sue eBay over counterfeits”, CNet, Jul. 25).

Meanwhile, Roger Parloff at Fortune checked and found eBay was not exactly complying with that very sweeping court injunction obtained by luxury goods maker LVMH (Louis Vuitton Moët Hennessy) which required the removal of relevant auctions not only on ebay.fr but on the American site and other affiliates if persons in France are able to access those sites. (Jul. 16).

Federal judge: eBay needn’t police Tiffany fakes

The ruling (Slashdot) seems relatively unsurprising given the favorable posture of U.S. law toward online middlemen like eBay, but a number of readers have asked about how it relates to the ruling the other week by a French court in favor of much more sweeping claims against eBay by luxury goods maker LVMH (Louis Vuitton Moët Hennessy). The answer, unfortunately, may not be simply that the various eBay sites have to follow different local rules depending on where they are based or to whom a purchase is being shipped. Per Roger Parloff’s Fortune piece, the earlier ruling “applies to all eBay sites worldwide to the extent that they are accessible from France, and not merely to the company’s French site at ebay.fr, according to [French lawyers on both sides]”.

eBay versus LVMH: gift recyclers beware?

The verdict in a French court, if upheld, won’t just compel the online auction site to police its listings for counterfeits of luggage, perfume and other status goods, but also will knock out “gray market” goods (product originating in authorized channels, but sold in a different market than intended). “It would even bar individuals from reselling LVMH perfumes that they had received, for instance, as unwanted Christmas presents, both lawyers say.” (Parloff, Fortune)(cross-posted from Point of Law).

“Doomsday fears spark lawsuit”

“The builders of the world’s biggest particle collider are being sued in federal court over fears that the experiment might create globe-gobbling black holes or never-before-seen strains of matter that would destroy the planet. … The Large Hadron Collider, or LHC, is due for startup later this year at CERN’s headquarters on the French-Swiss border.” Among the concerns of critics who are suing in federal court in Hawaii: “Could quarks recombine into ‘strangelets’ that would turn the whole Earth into one big lump of exotic matter?” (Alan Boyle, CosmicLog, MSNBC, Mar. 27; Dennis Overbye, “Asking a Judge to Save the World, and Maybe a Whole Lot More”, New York Times, Mar. 29).

More: Sundries Shack (“For goodness sake, one of the plaintiffs calls himself an ‘author and researcher on time travel'”); Adler @ Volokh. The liberal site Lawyers, Guns & Money, perhaps serving in this instance as a Strange Attractor, attracts a commenter who seems to agree with the lawsuit-filers that it’s better to be safe than sorry — the Precautionary Principle lives! And from our comments, links to the complaint, Ted on jurisdiction, and thoughts on the effectiveness of litigation in obtaining free publicity.

January 30 roundup